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OF 



THE MEASURES OF THE PRESIDENT 



AND 



HIS COMMANDING GENERALS, 



TEE COMMENCEMENT AND TERMINATION 



SEMINOLE WAR, 



BY A CITIZEN OF THE STATE OF TENNESSEE. 

"3 -A- (jMe^rt'^'n 



WASHINGTON : 

PniNTEl) BT GALES & SEATON. 

1819. 







IN SENATE OF THE UNITE tj STATES, 

FEBRUARY £4, 1819. 

Mr. Lacock, from the committee appointed in pursuance 
of the resolution of the Senate, of the 18th December last, 
*' That the Message of the President, and documents relative 
to the Seminole war, he refei-red to a select committee, who 
shall liaA e authority, if necessary, to send for persons and pa- 
pers: That said committee inquire relative to .the advance of 
the United States' troops into West Floi'ida; whether the offi- 
cers in command at Pensacola and St. Marks were amenable to, 
and under the control of, Spain; and, particularly, what circum- 
stances existed to authorise or justify tiie commanding general in 
taking possession of tliese posts," made a report, which, with the 
accompanying documents, consists of fifty pages. 



A VINDICATION, 6)0. 



THE Seminole War is a fjiicstion ^vl^icll lias produced such 
universal agitation, and elicited so niiicli debate, tliat it has 
become almost stale and unijiterestinj^. It is quite familiar to 
every mind; and tlie .great solicitude Aviiidi it has excited is 
to be found more in the characters connected with the tran- 
saction, than in tbe magnitude of the principles it involves. 

Under such circumstances, an enquiry into this subject would 
not have been obtruded upon the people at present, was not 
an ample apology presented in the Report of a majority of a 
committee of the Senate of the United States, w hich was pub- 
lished about the close of the last session of Congress. The 
late period at which that document made its ajjpearan.ce, pre- 
cluded the friends of the Administration and its commanding 
Generals an opportunity of refuting the positions which it as- 
sumed as the basis of censure. Being now b<^foi'e the world, 
it may be properly considered as a subject of public investiga- 
tion; and believing that the door is still o])en for reply, I liavc 
ventured to submit the following remarks for tlie candid peru- 
sal of the American people. 

In common with the great body of the people of the United 
States, the author of these obseivations has felt an unusual in- 
terest in i]-v causes, progress, and result of the Seminole war. 
His attention has been constantly directed to the subject, and 
to a careful examination of its origin and consequences. After 
the very able and learned discussion in the House of Represen- 
tatives of the United States, during the last session of Con- 
gress, relative to tlie measures adopted by the President and 
his commanding generals, in the conmiencement and jiiogress 
of that war, it was anticipated that the subject would lla^e re- 
mained in peace forever. It was belie> ed by oxcvy impartial 
and intelligent citizen, that it had been exhibited in every pos- 
sible attitude by the friends, as w ell as tlu": enemies of the Execu- 
tive. Except from a few individuals, \viu)se motives were pe- 
culiar to themselves, all opposition had ceased; and the people 
<»f the nation had become completely satisfied, tbat tbe justifi- 
cation of the whole transaction was founded in tlie immutable 



principles of national law, and of fundamental, political, and 
municipal regulations. 

It is certainly true, that the people of Tennessee, together 
with a very large majority of the nation, are sincerely attach- 
ed to the administration of Mr. Monroe. They likewise feel 
a just and honorable pride in having reared, from the first dawn 
of manhood, a Jackson, wliose virtues and talents, they believe, 
give particular distinction to their state, and fondly hope, add 
great additional lustre to the character of the American peo- 
ple.(a) With such views and feelings, it cannot be a matter 
of surprize that they should manifest uncommon anxiety on this 
subject, or tliat tbey should be astonished at the continuance 
of an opposition, after the lucid exhibition of facts, with the 
eloquent and conclusive reasoning upon them by Mr. Adams, 
the Secretary of State of the United States. They believed that 
his masterly letter to Mr. Erving,(/j) together with the debates 
in Congress, should have put all controversy to rest; as they 
amply satisfied every dispassionate mind of the solidity of the 
ground which had been occupied by the Executive and his com- 
manding generals. 

Although the excitement which was created in the nation upon 
this subject, had been almost completely allayed by the learned 
and diffusive enquiry in the House of Representatives, the great 
inquest of the nation; yet it was not effected without some I'e- 
gi*et on the pai't of those who cherish a sacred regard for tlie 
principles of the constitution. Whilst they witnessed an effort 
to remedy what, at best, was but a doubtful evil, their fears 
were aroused lest principles were to be sacrificed which would 
be preserved inviolate by every freeman. 

It is a piinciple, familiar with all sound jurists, that the three 
great departments of the governmoit — the Legislative, Execu- 
tive, and Judicial, should never be permitted, in their ope- 
rations, to encroach on each other. This principle is an 
essential preservative of liberty. It constitutes the main 
pillar of tlie political fabi'ic, and should be guarded with un- 
ceasing vigilance. Whenever it shall be abandoned or disre- 
garded, collision, discord, and confusion, must ensue; and, 
finally, two ofthedepai'tmentsmust fall prostrate and lifeless 
under the weight of the third. 

It is in conformity with this principle that the armj , when 
raised, is placed, by the constitution, uiulci' the control of the 
President, who is considered the commander in chief, and is 

(a) Letter from Secretary of War, 8th September, 1818. Mr. Lacock's 
Report, p. 23. 

(b) Nov. 28th, 1818, Doc. President's Message, Dec. 28th, 1818, p. 11. 



held responsible for the conduct of all his subordinate oflicers, 
whilst acting under his orders. The ofliccrs in command 
during the Seminole war were General Gaines in the first in- 
stance, and afterwards General Jackson. Both ai-e under- 
stood to have acted undei* the inunediate authority of the Ex- 
ecutive of the United States. 

I'he Seminole Indians resided within the teri-itory of a neigh- 
boring and friendly power; and with them were associated in 
acts of hostility against the United States, a banditti, consist- 
ing of pirates, traitors, English emissaries, negroes, and out- 
lawed Red Stick Indians. The govei-nment of Spain, within 
whose territorial limits they found an asylum, either from in- 
ability or indisposition, permitted them to contiinie their rava- 
ges and mui'ders with peifect secuiity. Indeed, her officers 
gave encouragement to this murderous, incendiary, aiul pre- 
datory horde, and protected tliem against the just vengeance 
of the United States, whose citizens they had not only butcli- 
ered, but whose warfare was marked by the cruel ami iiidis- 
criminate slaughter of unoffending women and innocent chil- 
dren ! 

In the spi'ing of 1818, Congress made provision for prose- 
cuting the war against this renegado and motley crew of black, 
red, and white combatants, in consequence of the President's 
message to that body, in tlie montli of March. (c) That com- 
munication made known to Cojigress, that, in carrying on hos- 
tilities, w hich. on our part, were entirely of a defensive chai'- 
acter, the President had ordered his army to enter the Span- 
ish territories; to respect the authorities of that nation where 
they were maintainetl, and to put a speedy and successful ter- 
mination to the contest. Wit!i this information before them, 
as well as a full knowledge of all the causes which produced the 
Mar, the national legislature authorised the calling out of an 
additional brigade of militia, and actually made appropriations 
for the payment of the troops already in service.((/) 

Independent of the sanction thus gi\en to the measures of the 
President, he was authorised by the indisputable laws and 
usages of nations, as well as by virtue of the power vested in 
him by oui- constitution and laws, togiveoiflers to his generals 
to enter the territ(n-y of Florida, and to cai-ry on the defensive 
and unprovoked war in which we were engaged, without w ait- 
ing for the assent and authority of Congress. Being entrusted 
with the defence and protection of the nation, it became his ab- 

(c) See Mr. Cobb's resolution, H. R. U. S. 3(1 April, 1818, Journal. 

(d) Acts first session 15tli Congress, p. 94. 



solute duly to repel invasion, and even to pursue the enemy in- 
to a neutral territory, should it be found necessary for the ac- 
complishment of those purposes for which the war had been 
commenced. 

AVith this view of the case, the President issued his orders(f) 
accordingly, to his commanding general. No rational doubt 
can he entertained as to the import and latitude of these or- 
ders; and that the officer to whom they were directed, acted in 
conformity with their spirit and intciition, when he entered the 
territory of Florida, and took possession of the Spanish fort- 
rcs.ses. Upon this subject, every candid mind must be com- 
pletely satisfied, after an examination of those (nders, as well 
as the debate in tlie House of Representatives; and more pai'ti- 
culai'ly the eloquent speeches of Messrs. Smyth, Tallmadge, 
Baldwi)!, and Poindexter.(/) 

In relation to the manner in which the war was conducted, 
it is not consistent with the public interest, and a delicate re- 
gard for tlic high standing, reputation, and eminent services of 
the Executive and his commandi)ig generals, that tlie subject 
should assume the attitude in which we find it presented to the 
American people, by the Report of a majoiity of the committee 
of the Senate of the United States.(^) 

The minds of a large majority of the natio)i had become 
completely satisfied with the justice, legality, and wisdom of 
tiie course whicli had been pursued by the Executive; nor did 
the most ignorant and inattentive observer consider it as a 
question between the people of the United States and general 
Jackson. No. Every one, of ordinary pertctration, saw, with 
a single glance, an effort, in preparatory steps, to the impeach- 
ment of the President. 

The orders usider which the commanding general acted 
were spread before the nation. He was commanded to chastise 
the enemy with exemplary jrunishment; to eutei' the tei-ritory of 
Florida in the prosecution of the wai', and was fully authoi'ised 
to adopt such measures as he might deem necessai*y for the es- 
tablishment of a permanent peace.(A) Thus was the command- 
ing general vested with as ample powers as the President him- 

(e) Letters of Secretary of War, Appendix, No. 1, 2, 3. 

(/) Published in the National Intelhgencer under dates of 9th February, 
25th February, 28th April, 29th March, and 2d April, 1819. 

(,§•) This coinmittee, when fii-st appointed, consisted of Messrs. Lacock, 
the chairman, King-, Forsyth, Burrili, and Eaton. Before the report was 
made, Mr. Forsyth was appointed Minister to Spain, upon which he resign- 
ed his seat in the Senate. His place was supphed by the appointment of 
Mr. Ejijics. It is but justice to remark, that Messrs. King- and Eaton were 
decidedly opposed to the report. 

(/() Appendix No. 1, 2, 3. 



self, had lie commanded in person. He exercised the discir- 
tion with which he was entrusted, as de^ eloped and ])resent- 
ed to the nation in the documents heietofore ])uhlislied. and 
ably commented on by tlie popular branch orthe^-oxerjnnent. 
In addition to this, the President apjiroved of the measures of 
the officer to whom these orders were directed, and conse([uent- 
ly made them his own; thereby removing every doubt which 
could possibly have existed, in relation to the plenitude of his 
powers. 

If an inferior is anthorised to do an act in pursuance of his 
supeiior's orders, it certainly becomes the act of the su])erior. 
who is responsible for all theconsequences: pai'ticularly, when 
he approves of the act after it is performed. No individual in 
the community is so ignorant as not to perceive the soundness 
of this position; and there were scarcely any avIio did not see, 
with equal clearness, all the features of an organized ojipo- 
sition to the Executive, in t!ie i-esolutions of the House of Re- 
presentatives disa])proving of tlie execution of Ai'buthnot, 
Ambrister, kc. It was also as easily to be discovered, that, 
if the opposition had succeeded on that occasion, they would 
have stood pledged to the nation to originate articles of im- 
peachment against the President before the Senate of the Uni- 
ted States! 

The nature and character of the opposition were satisfac- 
torily developed by circumstances which had already trans- 
pired. During the session preceding the last, the course 
adopted by the Executive was distinctly defined and presented 
to Congress, who a})proved of the same, and provided men 
and money for tiie purpose of prosecuting the w ar w ith vigor 
and effect)— and this, too, after an eloquent ajipeal had been 
made to the justice and patriotism of the national legislature 
to pi-otect the frontiers from rapine and murder. Further- 
more, the conduct of the Spanish authorities in affording aid 
and comfort to the British and Indians, during our late strug- 
gle with England, was well known to Congress. They had 
also unquestionable proof in abundance that those authorities 
had pursued the same hostile course towards the citizens of 
the United States, from the conclusion of that war, down to 
the period at which they were suppressed, in self defence, by 
the President and his commanding generals, in the war w itb 
the Seminoles. 

All this evidence was in the possession of the House of Re- 
presentatives, and of the people of this nation; as well as a me- 
thodical and lucid arrangement of facts,with conclusive infei*- 



8 



ences arising from tlie laws of nature and nations, by the Se- 
cretary of State. Amongst tlie people, this developement was 
entirely satisfactory to all; yet, in the popular branch of the 
national legislature, the focus of information, the same degree 
of satisfaction did not prevail. The great hody of the people 
were unable to account for this circumstance upon any other 
principle, than that there might possibly have been some mis- 
conduct in the commandiiig generals, unknown to the Execu- 
tive, and whicli they, as t!ie grand inquest of the nation, were 
bound, in honest i-egard to the welfare of the country, impar- 
tially to disclose. Tliis belief soon vanished, as the illusion of 
a dream, upon tlie production of the resolutions of the military 
committee, disapproving of the execution of Arbuthnot, 
Ambrister, kc. Tlie second and third resolutions of Mr. 
Cobb dissipated all doubt, and convinced every one, of the 
least reflection, that the President, with the Secretaries of 
State, and of War, who Iiad publislied to the world their un- 
qualified approbation of the entry made into Florida — of the 
occupation of the Spanish posts, as well as the execution of 
the Indian chiefs and Britisli outlaws, were intended to be 
embraced in the contemj)lated censure. The flimsy distinc- 
tion attempted to be made by some of the members, between a 
disapproval and censure, was not felt or understood by the na- 
tion. This veil was too tliin to cover the ulterior views of the 
opposition. Their pi'opositions were considered as necessarily 
fraught with the severest censure; and rendered the proceed- 
ing, as it incidentally related to the commanding general, as 
unprecedented as it was unconstitutional. Such a measure 
could only have been justifiable on the ground tliat it was 
preparatory to, and intended as the basis of, an impeachment 
of the President, who had made all the acts of his officers his 
own, as well by express authority confei'red, as by subse- 
quent adoption. 

It would certainly have been a much more manly, dignified, 
and correct course, to have preferred articles of impeachment 
against the President at once, than for the representatives of 
a great nation, to have thus expended tlieir time and the peo- 
ple's money in bandying the reputation of the generals, co- 
lonels, and captains of our army, and by these means feeling 
the public pulse, and endeavoring to ti'ick the people of the 
Union into a disapprobation of his measures. 

Although the President had not, in so many words, express- 
ly directed his commanding General to execute the two Indian 
Chiefs and their infamous associates, Arbuthnot and Ambris- 
ter, nor to take possession of the Spanish fortresses; yet he 



9 



delegated to liiin a general authority to inflict exemplary pu- 
nishmentf and to employ all such measures as he might deem 
necessary, agreeably to law, to put a speedy and effectual ter- 
mination to a cruel, })i'edatory. and murderous war of negi-oes 
and savages; and to secure an honorable and permanent peace 
to the country. The acts imputed to the commanding General 
"were pei'formed in conformity with tlie power:* conferred on 
hiiii, and in perfect accordance with tlie clear and undeniable 
principles of national law , in relation to the rights of self- 
preservation. These measui'es of the Executive gave entire 
satisfaction to the people of the United States, inasmuch as ii 
was distinctly perceived that no otlier course could have been 
adopted which would have secured so desirable an end. 

The duty of the House of Repi-esentatives to take cogni- 
zance of all abuses of authority, by any officer of the Go\ ern- 
ment, from the President dow n to his respective subaltei-ns, is 
v.ell understood by every intelligent indi^ idual in tlie commu- 
nity. They are authorized to enquire oi fads, if they relate 
to the duties of the subordinate oflices of tiie Executi^ e De- 
partment, and to offer those facts to the consideration of the 
President, who is the constitutional organ of correction. (?) 
But the same course cannot be pursued in relation to acts 
which have been already acknowledged by the Executive 
branch of the government to be his ow n. After being ascer- 
tained, avowed, ar.d published to the world as the acts of the 
Executive, all enquiry as to fact is superseded, as tlie subject 
is then a matter of record, in tlie archives of the nation, and 
nothing remains to be done but either to impeach or appro^ e. 

With respect to censure, all writers on military law concur 
in the opinion, that it is a jmnishment very Ihtle injerior to 
cashiering or suspension; it has ahvays been ivjlided by a court 
martial, and its severity depends, in some degree, on the I'a'ik 
of the offender, as w ell as the nature of the offence committed. 
What higher offence, let me ask, can an oiHccr perpetiatc, 
than causelessly to authorize and approve the seizure of the 
fortified places of a neighboring frioidly power, conti'ary to 
the provisions of municipal and international law, and in vio- 
lation of our own constitution? There is certainly none: and 
if such an outrage is not already punished w itii death, the law 
should provide to inflict upon it that dreadful penalty. Such, 
however, is one of the allegations w Jiicli has been preferred by 
the House of Representatives of the United States against the 
Executive and his commanding General, under the guise of a. 
disapproval ! 

(i) 4 Inst. 11, 24. See also Com. Dig. tit. P.irllament. 

2 



10 



In vain would the people of the United States boast of the 
freedom of their political institdtions, if a charge against one 
of its citizens can he investigated in the most important branch 
of the national goveriimcnt. and a verdict of guilty awarded, 
without afToi'ding tlie accused an opportunity of being heard 
in his defence ! it would he a violation of all justice and prin- 
ciple, in conserpience of the examination being illegal, and the 
accusers and triers united in the same body of individuals.(/i') 

In regard to transactions not previously authorized by the 
Executive, an enquiry into facts, v. itli a report of them to that 
department of the government for its information, (as in the 
report on tlie case of General Wilkinson.) would, on many 
occasions, be higlily proper; but, in cases wliere the President 
has acted desogatory to tlie high trnst reposed in him, and in 
violation of tlie constitution — or, where his subordinate offi- 
cers have thus oSTendcd without his authority, and he refuses 
or neglects to arrest and punish them, after ample information 
from tlie House of Representatives — no other constitutional 
remedy is afforded, but to exhibit articles of impeachment 
against him. The political relationship which exists between 
the people or their immediate representatives and the Execu- 
tive hiancli of the government, renders the Pi'esident alone- 
accountable to the House of Representati\ es, and not his sn- 
baltern officers, from a Major General down to a Captain or 
Coi'poral of our army. Were the rule otherwise, an endless 
waste of time and treasure would he the inevitable conse- 
quence, besides tlie entire incompetency of such a tribunal to 
the riglitfal ascertainment of even facts, in a multiplicity of 
such tri^ iai cases. It is only where the subject is momentous, 
or the rank of the offcndei" is of deep concern to the national 
interest, that the Constitution requires the interposition of the 
House of Representatives. In these cases, it is essentially 
necessaiy that their powers sliould be exercised in a manner 
consistent with the rights and privileges of the citizen, in a 
Republic oi* free government, and not in passing a vote of cen- 
sure, wliicli is ejjui^alent to a verdict of guilty, and inflicts 
tlie heaviest punishment, without giving the party an oppor- 
tunity of being heard in his defence! 

It is one of the fundamental principles of law, religion, and 
justice, that no one sliall he condemned before he is heard, 
either by himself or counsel. Neither the House of Represen- 
tatives, noi' any other tribunal in a fi'ee country, is exempt 
from the observance of this rule. Its dictates are imperati^ e, 

(k) 5 Com. Dig. tit. Parliament 48. 



11 



as they are established upon the immutahlf piiuriples oi" tlu 
laws of nature and of nature's God. M hcMT\or tlie i-i^lits (,!' 
tlie citizen are respected, this sacred principh' is niaiulaiued, 
at the risk of life itself, by every honest and indciHMKh'Ml indi- 
vidual in the universe. So inviolable is its nature, tliat Iri- 
bu)ials are erected for its protection, even in governuicnts of 
the most absolute despotism. Its form was never dispensed 
with, except on a few occasions, during the most oppressive; 
and gloomy periods of the Eng-lish government; and not even 
then, without being strongly marked v»ith the indignation of 
the people, as well as the execration of both the historian and 
posterity. 

As in all legislativ e enquiries into tlie conduct of civil ofil- 
cers, the allegations are determijied before the Senate; so, in 
those of a military character, the charges are prefcri-ed before 
a court martial, and submitted to their exclusive and final de- 
cision. AVhen the House of Representati\ es undertake to i>;iss 
a V ote of censure on a military oliicer, they desert In^slafion 
and assume J«(/icifl/ powers. They exercise a i)!-i\ ilege which 
is not, in the least, connected with the enactment of laws, but 
is inseparable fi'om their administration. Besides, the most 
galling pujiishment is inflicted which can wouiul the bosom of 
a soldier, by passing upon him a sentence of infamy, from 
which there is no appeal, save to his God and his own con- 
science. 

The resolutions of the House of Representatives proposed, 
in effect, the passage of soniething resembling an ex post facto 
law, or bill of attainder. Such a course must vitally inter- 
fere with the constitutional prerogative of the President to 
select his own officers; to retain in service t'.iosc with whom 
he may be satisfied, and dismiss such as may merit his displea- 
sure. It may be also considered as a dangerous attempt to 
transfer the responsibility of the military from tlic Executive 
to the Legislati\e Department of the go\ernment. The con- 
sequence would be, that the energy and usefulness of the Exe- 
cutive becomes destroyed: the resources of the go\ eminent 
paralized; every thing like a system of checks and balances 
disregarded, which is first succeeded by anai"cliy, and. in the 
end, by the most hideous and loathsome despotism. ,The Pre- 
sident is stript of his authority, and court martials are ren- 
dered altogether useless in thcii* operations. 

By the Constitution, the President is made the comma;ider 
in chief of tlie army and navy of the Liiited Stales, as well as 
the militia, when called into actual service. Being placed at 
the head of the physical force of the nation, he constitutes the 



12 



ultimate tribunal to decide all questions touching the operations 
of the army, and the conduct of the officers under his com- 
mand. Cojigress is required to make ndes for the government 
of the land and naval forces; but it is evident that the Presi- 
dent must be entrusted with their application and exe<:ution. 

No political proposition can be more demonstrable than that 
this is not a legislative^\m\\er. Indeed, our laws recognize tliis 
idea throughout all their provisions; and it is believed to be 
the first instance on record, eithei* in this country or in Eng- 
land, in wliich tlie Executive has been interrupted in the exer- 
cise of liis legitimate authority over the military officers un- 
der his command. As he is responsible to Congress for the 
acts of his subaltcriis, they should certainly be subjected to his 
control and direction; as it is a sound principle, in all free 
govei-nments at least, that 'power and responsihUihj ought never 
to be separated. Besides, it is unjust to expose the suboi'di- 
nate officers of the army to tlie censure of Congress, as they 
do not receive their orders from that branch of the government, 
and as they would bs tried twice for the same offi^nce, if after- 
wards made amenal)lc to the jurisdiction of a court martial. 
An additional ftrgument in favor of the view which I have 
taken of this subject, is, that when the power to impeach and 
try civil officers was conferred on Congress, that in relation to 
the military department was entirely omitted. 

This part of tlie subject, however, presents itself in a still 
more alarming point of v iew, upon a more particular exami- 
nation. Had the House of Representatives adopted the reso- 
lutions of censure^ and a court martial been ordered for the 
trial of the commanding General, what are the circumstances 
under which he would be compelled to appear before such a 
tribunal ? They must necessarily have been inauspicious and 
appalling in tlie extreme. When put upon his trial, he is in- 
formed at the thrcshliold that he had already been found guilty 
by the most responsible and enlightened body in the nation. 
His criminality is presumed, and liis conviction anticipated. 
If he is condemned, it is attributed to the circumstance of the 
House of Representatives having pi-ejudged the case; and if 
acquitted, the decisions of the civil and military authorities 
are arrayed in opposition to each other. This is a state of 
things which is greatly to be deprecated, and should be assidu- 
ously avoided by every friend to good order and regular go- 
vernment. Furthermore, the individual accused is often de- 
prived of the propeity he holds iji an unsullied reputation, 
which constitutes the richest inheritance from his ancestors, 
as well as the most precious patrimony of his descendants. 



13 

Tliese are .some of the ideas whicli have presented tliemselven 
to tlie understandiiis^ of the Avriter, rohitive to the le/^ishitive 
proceedings against the Executive and his commanding oilicci-s, 
whose acts are particulai-ly referred to in the resohitions of 
the House of Representatives. With respect to the President, 
it is here necessary to he remarked, that the facts embraced 
in the first and third resohitions, in relation to the execution 
of Arbuthnot and Ambrister, as also the taking possession of 
the Spanish posts, were executive acts — they were of record, 
and did not require an enquiry to be instituted upon the sub- 
ject. Being already ascertained and laid before the House of 
Representatives, no other legal course w as presented, sa\ e tliat 
of impeachment. The second and fourth resolutions recom- 
mended tlie enactment of laws to prevent our commanding 
generals from putting to death any captive, in future, \\ ithoiit 
the approbation of the President; and to prohibit our armies 
from marching into foreign territoiics without the authority of 
Congress, unless in the tresh pursuit of a defeated and flying 
enemy. The time employed in the discussion of the first and 
third resolutions was altogether useless, as ^\ ell as a profuse 
w aste of the public treasure; because it m ould have been ne- 
cessary to travel over the whole ground again, upon the im- 
peachment of the Presideui, had the proposed resolutions been 
finally adopted. 

Thus it appears that two classes of resolutions, quite foreign 
and distinct in their character, were introduced for considera- 
tion; one for the Infliction of punishment; the otiiei" as tlie ba- 
sis of legisi5>iIon; and botii to be discussed at the same time, 
w hich V as certainly a mode of procedure very novel and un- 
precedciiicd in so dignified and enlightened a body. Having 
been (coupled together, nothing more nor less can \w presumed, 
than that one was intended to be subservient to the other. If 
legislation were the object, or had it been necessary, it could 
have been effected in the ordinary mode, agreeably to the im- 
port of the second and fourth resolutions; but i^ censure were 
llie purpose of pursuit, it must have been anticipated by its 
friends, that the first and third resolutions could not stand 
alone a monient, in consequence of their being opposed by for- 
mer precedent, as w ell as a common sense of justice iidicroit in 
our nature, which disapproves of tlie condemnation or punish- 
ment of an individual without being heard in his defence. It 
is therefore conceived, that the two resolutions intended as the 
basis of legislation, were altogether secondary and subservi- 
ent, and were designed only to give currency to the resolutions 
of censure, wliich was no doubt the primaiy object of the op- 



14 



position. The proftered censure, as well as legislation, was, 
however, rejected, by an overwhelming majority of the Honse 
of Representatives, and their decision was accompanied by 
the almost universal approbation of the Ameiican people. 

A portion of the same spirit of opposition to the Executive 
branch of the government, which was displayed in the House 
of Representatives, seems to have infused its leaven into the 
bosoms of some of the members of the Senate of the United 
States. By a majority of a committee o^ jive members of that 
highly responsible and august body, has a report upon the 
subject of the Seminole war been published to the nation. The. 
appearance of this document produced a wish that some indi- 
vidual in the community would examine the facts and infer- 
ences which it contained, with a becoming degree of candor 
and impartiality. New grounds of accusation were exhibited, 
which had never passed through the ordeal of solemn discus- 
sion, as had been tlie case with those which Avere presented in 
the resolutions of the House of Representatives. 

The author of tliis address has been, for many years, a re- 
sident of the state of Tennessee, and personally acquainted 
with General Jackson. As a military officer, he has recog- 
nized him as inferior to nonej and entertained a high respect 
for his character as an honest and honorable patriot, whose 
long" course of faitliful services has placed hin^ in the first rank 
of public benefactors. To the writer, Mr. Monroe is entirely 
unknown, except from character and the acts of his adminis- 
tration, the last of which are alnu)st uniA ersally approved, in 
consequence of tlie national and patriotic features by Avhich 
they are distinguished. 

tJnder such circumstances, having learned that General 
Jackson's health was much impaired, and that no one of his 
nismerous friends had attempted a vindication of the conduct 
of tlie Executive, in Avhich his oAvn was involved, I determined 
to offer to the American people such reflections as had present- 
ed themselves to my own mind, upon i-eading the report of a 
majority of the committee of the Senate. Some information 
was already in the possession of the author in relation to the 
mode of i-aising volunteers; but it seemed very probable that 
there was yet a considerable portion Avhich had not liitherto 
found its Avay into the public piints. Th;s idea was suggested 
by the time and manner in which the report was made, scai-ce- 
ly admitting of a full disclosure of all the evidence of which 
the subject was susceptible. Though sensible that much more 
able pens could be employed in a indicatlrsg the measures of t!ie 
Executive and his commandirjg Generals fi'om the errors and 



15 



misrepresentations contained in the report; yet the liherty was 
taken to address a note to General Jackson, throiiij;'li tlie fcdi- 
tors of the Nashville AVhie;, under the assumed si,u;natuie of 
the writer. An answer \v as i-eceived, containing infoiination 
in some respects not derivable Irom the documents hitherto 
published, and accompanied by copies of sundry papers of a 
similai' character, which, with others, have been thrown into 
the usual form of an appendix. 

In the consideration of this subject, it must present itself to 
the mind of every reader, that the President and General Jack- 
son are personages distinguished by stations of a high and 
responsible character. In common with otliers, they are citi- 
zens of this great republic, and are entitled to the enjoyment 
of those rights and privileges v, hicli belong to freemen. They 
are guarantied to them by tlie laws and constitution of theii* 
country, for a violation of wliich they now stand accused by 
this report before the august ti'ibunal of the American people. 

As one of the people, and not as the humble admirer oi* sy- 
cophant of any man or set of men, no7* as inijjlicitly attached 
to any party in the nation, has the author of these observations 
consented to go into an investigation of this subject before the 
public. He undertakes the task with due deference, and so- 
licits of the people a poi'tion of their candor, indulgence, and 
attention. He entertains the opinion that his fellow citizens 
are as deeply interested" in the pui'ity and correctness of the 
Executive branch of the government, as in the management 
of either of the other two departments: Indeed, tlie reputation 
of the Executive and his official agents is to be estimated as 
the property of the nation. When their measures are not 
only justifiable, but also of a great political advanta^^e to the 
country, it is incumbent upon every member of the community 
to repel detraction from whatever quarter it may proceed, 
whether it assumes the shape of insidious rumor, or lui'ks un- 
der the specious guise of official privilege. 

Believing the imputations contained in this report to be un- 
just, and as unfounded in fact as in law, I shall, under the in- 
fluence of these impressions, proceed in the investigation of 
this subject, w ith a sacred regard to truth wherever it may be 
discovered. I shall endeavor to form a logical judgmoit of 
the facts presented, draw legitimate conclusions from the pre- 
mises assumed, and not wander from tlie question of merit or 
demerit, in search of impertinent allusions or invidious suspi- 
cions. From sucli an examination, tlie world will be enabled 
to decide whether a majority of the committee have * maturelif 
and Ulispassinuatelif exhibited the facts, and the * detlHcHom 



16 



clearly arising out of thefactSy as stated by tliemselves; (which 
is certainly incorrect in numerous instances,) or wliether they 
can be considered as sanctK persons, and their proceedings to 
resemble those of judges on the bench, in being as nearly per- 
fect as human frailty w ill admit. 

The first consideration -w liich presents itself in the progress 
of this enquiry, is the nature and extent of the authority under 
which the committee acted. 

Only three propositions are contained in the resolution of 
the Senate by which this committee was appointed^ and so far 
as a majority of them have transcended its limits, cither in a 
statement of facts, or inferences drawn from them, their acts 
must be viewed as extrajudicial, and as entii'ely without the 
scope of their authority. 

The fii'st proposition authorizes them to inr|uii*e relative to 
the advance of the United States troops into West Florida. 

Second proposition. To enquire whether the Spanish of- 
ficers in command at St. Maiks and Pensacola were amena- 
ble to and under the control of Spain. 

Third proposition. To enquire what cu'cumstances exist- 
ed to authorise or justify the commanding general in taking 
possession of the Spanish posts. 

In these three propositions are contained all the authority 
under which a majority of the committee wei-e deputed to act 
upon the subjects of enquiry. Let any dispassionate individual 
now compai-e the report made under this authority, with the 
authority itself, and it will be very readily perceived, how 
littleof the crimbiating matter to be found in that instru- 
ment falls w ithin the compass of the powers conferred by tlie 
resolution of tlie Senate. All enquiry and commentary w ith- 
out the pale of that resolution w as a departure from sound 
practice, and an abuse of the trust reposed in a majority of the 
committee by the Senate, of wiiich they were members. 

The report expressly recognizes the facts, that a war had 
existed between the United States and the Seminole Indians, 
and that it was sanctioned by the acts of Congress, in provi- 
ding men and money for its prosecution in tlie spring of 1818. 
Hence, the following grounds for a vote of censure on the pro- 
ceedings of the President and his officers, by a majority of the 
committee, were entirely without the boundaries, and foreign 
to the aim of the resolution authorizing them to engage in the 
enquii'y. 

First. — The enquiry into the original causes of the war. 

Second. — The withdrawal of the regular tioops from the 
frontier of Georgia. 



17 



Third. — The employment of Volunteers and friendly In- 
dians, to fight our battles with tlic Seminolcs, instead of draft- 
ed militia. 

Fourth. — The execution of Arbuthnot and Ambrister. 

Fifth. — The order to General Gaines to take possession of 
St. Augustine. — and 

Sixth. — The reasons and motives of the commanding Ge- 
neral in tlie conduct and management of the war. 

As a further elucidation of tliis subject, I shall, in this place, 
undertake to enquire into the jurisdiction of the Senate, for the 
purpose of ascertaining whether that body is competent to the 
adoption of the Report as it has been presented to the nation. 

It here deserves to be remarked, that, although there is no 
formal resolution of censure subjoined to the report, under the 
insidious guise of disapproval, as in the Report of the House of 
Representatives; yet, a majority of the committee ariive as 
completely at the same result, by repeated insiiuiations of 
malconduct, as well as covert avovNals of criminality in the 
Executive and his otticial agents. No remedial act, hov/ever, 
is pi'oposed to be done, nor any measure of justice oi* policy re- 
commended; audit must be self-evident, to every understauaing 
capable of the least reflection, that the bari-en legislation which 
evaporates in empty censui'e is worse than useless, and is a 
wanton w aste of time and treasure. 

In this shape tiie Report is presented to the Senate for theii' 
adoption or rejection. Should it he adopted, the unavoidable 
consequence will be, that the President and his coniinanding 
Generals are virtually pronounced to be guilty of the higljest 
crimes and misdemeanors. Then, it ma}' be said, with truth, 
that the most exalted tribunal in the nation determined, after 
mature Je/ifiera/iow, that the President had ex])ressly authori- 
zed, and, with the Secretaries of State and A\ ar, afterwards 
decidedly approved of the identical acts which are repi-esented 
by this report to have been committed by Generals Gaines and 
Jackson. — And this, too, entirely upon an ex parte examination, 
and without permitting the accused to be heard, either by 
themselves or counsel. In addition to this, the Executive is. 
in substance, stated to have done so, with a total disregard of 
his high and responsible duties, as the Chief Magistrate of tho 
nation, and in violation of its constitution and laws. These 
acts are not urowedbj alleged against those distinguished per- 
sonages as crimes. No, readei*. The language and spirit of 
the report are too soft, gentle, and full of regret, for such an 
o/jfn method of accusation; although every one must be per- 



18 



fcctly sensible that the imputations which it contains involve 
criminality of the deepest dye! 

The observations which have already been advanced upon the 
subject of jurisdiction in the House of Representatives, are in 
many respects equally applicable to the report of a majority 
of the committee of the Senate. They demonstrate, in the 
most conclusive manner, that neither branch of the Legislature 
of the Union can interfere in the trial and condemnation of a 
subordinate officer of the army, — that such a measure is tJie 
parent of consolidation, which is admitted by all political 
writers to constitute the essence of despotism. 

As it respects the commanding Generals, there are the 
same objections to a legislative interference in one House as 
in the other; but, so far as the President is involved, the report 
of a majority of the committee is still more dangerous and 
alarming. Wlien tlie question is presented in this attitude, 
it must be considered as one of the most gigantic strides of 
power which has ever distinguished tlie proceedings of a legis- 
lative body. After the subject had been disposed of, and sup- 
posed to be finally settled in the House of Representatives, a 
committee of the Senate took it up for considei-ation; prosecu- 
ted it with an industry that was unexampled, and animadvert- 
ed upon it with a severity, which was not altogether compati- 
ble w ith the dignity of the Senate, of which they were members. 
As all ilie civil officers of the American government are sub- 
ject to the impeachment of the House of Representatives, it 
was certainly tlicir duty to enquire how the Seminole war had 
been conducted; but it was a subject witli which the Senate 
could not constitutionally interfere, until it came before them 
in the shape of an impeachment.(/) In such cases, the House 
of Representatives onginate accusations, and the Senate try 
them. In consequence of the last body being removed at a 
great distance from the people, they are not permitted to in- 
stitute any enquiry of an accusative character, (except for 
breach of privilege.) or which will operate as the basis of an 
impeachment. This is most assuredly a sound regulation, for 
the additional and conclusive reason, tliat the Senate is the 
tribunal before which all the allegations are to be exhibited 
and determined. Was the contrary the fact, the accusers and 
triers f as I have before remarked, would be united in the same 
body, and all the valuable purposes of justice would be entire- 
ly defeated. 

(/) 5 Com. Dig. tit. Parliament, 48, 



19 



Tlie great difficulty in relation to the report of a majority 
of the committee of the Senate is, that the Pi-esidcnt alone is 
responsible for all the measures adopted during the Seminole 
war; having first authorised them, and afterwards expressed 
his unqualified approval. Under tliese circumstances, I will 
suppose, for the sake of argument, that the House of Repre- 
sentatives should prefer aiticles of impeachment against the 
Executive at their ensuing session, is any individual prepared 
to say, that a majority of the committee could sit and pass 
judgment upon them? I think no one will be disposed to an- 
swer in the affirmative, with any color of justice and consis- 
tency. On such occasions, the Senate are the judges, and ex- 
ercise, in some measure, the powers of coui-ts, agreeably to 
the practice in equity cases. They try, judge, and pass sen- 
tence, after fully having heard the parties face to face, with all 
the evidence on both sides of the question. 

It must be self-evident to every reflecting mind, tliat a tri- 
bunal thus organized, should be impartial, pure, and uncon- 
taminatcd. They should engross public confidence, and be 
free from all suspicion of bias or prejudice towards either of 
the parties. But, can these valuable objects be secured, when 
the judges have already gone into an ex parte cxsimlnniion oi 
the testimony — given their opinion on the facts with which the 
party is charged, unheard and undefended, and published the 
whole of their proceedings for the inspection of the world? Cer- 
tainly not. No I'ational person will pretend to say, that those 
who have done so could ever sit in judgment again, to try 
the same individual for the same offence. Even had a ma- 
jority of the committee delivered their opinions publicly in 
their individual capacities, whether that opinion w ere favora- 
ble or unfavorable to the accused, they could not afterw ards, 
either in honor, in conscience, or in law, sit as judges upon his 
trial; as no man can try a cause legally and righteously w hich 
he has already prejudged. To do so, would be a violation of 
every principle of those laws which govern our natural, civil, 
and moral relations. Every idea of justice and equity, both 
natural and acquired, revolts at an idea so monstrous and 
absurd. 

Whilst this subject was pending before the Senate as a judi- 
cial tribunal, every lover of his country, its constitution, and 
laws, would have forborne any remark, and patiently aw aited 
the determination ofthat august body, for which, in common 
with his countrymen, the writer entertains the highest respect. 
Nor is it intended to derogate from that respect on the present 
occasion. By no act of the Senate has tiiis report been sanc- 
tioned, or adopted by that bod\ : but. on the co)it»-ary. by giving 



20 



it jjubiicitv ill ilic public prints, it has been stripped ofits offi- 
cial cliaracter. and permitted to find such a place in the estima- 
tion of the American people as it may deserve, after due en- 
quiry, reliection, and discussion. 

As a number of the points animadverted upon by a majority 
of the committee of the Senate, were elaborately discussed and 
settled in the House of Representatives, I shall forbear to notice 
them, in titis place, only as they are incidentally connected with 
the primi])al points in control ersy, as the nation has acknow - 
ledg-ed itself perfectly satisfied upon those branches of the sub- 
ject. 1 sliall, however, by way of a general reply, endeaAor to 
give a condensed outline of the origin and progress of the Se- 
minole war, together with the grounds assumed by the friends of 
the government in the course of the investigation. 

Wlien the commanding general entered the territory of Flo- 
rida, it w as both the residence and receptacle of foreign incen- 
diaries and savage hordes, ^vho were the sworn enemies of the 
United States, and who refused to become parties to the treaty 
M hich w as signed at Fort Jackson. It w as also tlie asylum of 
traitors and outlaws, as well as our runaway negroes, and was 
used for the illicit purpose of introducing imported slaves into 
the United States, in violation of our laws. 

From the year 1814 down to the termination of the Seminole 
war, this motley crew of black and red combatants had been 
uniformly instigated by British incendiaries, Spanish cupidity, 
and tlieir own ferocity, to carry on a war of depredation and 
massacre upon the peaceful citizens of our frontier. Disre- 
garding our frefiuent w arnings, as well as overtures for peace, 
they retired within the Spanish line, where they were taught, 
by the duplicity of her agents, and our own forbeai'ance, to 
believe themseh es secure. There they plotted the destruction 
of tliose Avho had settled on the lands acquired by the treaty 
of Fort Jackson; there they enjoyed the plunder taken from 
our citizens, and made preparations to renew their bloody 
triumphs. 

I'he success of their uninterrupted and murderous incursions 
is attested by the massacres on Duck river and at Fort Mims, 
and also by the fact, tJiat, at the Mickasuky towns, there were 
found upon a war pole three hundred scalps of all ages, sexes, 
and conditions, besides fifty fresh scalps, which were recog- 
nized as the same that had been torn from the iieads of lieut. 
Scott and his party ! And permit me here to i-emark, that the 
destruction of this pai'ty was of the most tragical character; 
the children having been taken by tliem, and their brains dashed 
out against the sides of the boat in which they were captured. 



21 



In consequence of this horrible occurrence, so shocking to 
launanity, and tlie I'cfiisal of the Indians to comply with the 
demands of our government, to surrender themurdci-ersofour 
frontier citizens, theii* forbearance became exhausted, and they 
resolved upon the adoption of such nieasuies as were calculat- 
ed to carry o)i the war with vigor and eftect. In addition to 
this, the people of Georgia and Alabama were making iej)eat- 
ed calls on the general government for protection. The re- 
presentatives of the former loudly complained of the inadetjuatc 
defence provided for them by tlie Union, and of the indolence 
and inefficacy with which thewarhad been conducted. They re- 
presented their ex]>osed situation in the nu)st feeling and pathetic 
terms, and insiiuiated that the operations of tlie commanding ge- 
neral were extremely tardy and neglectful in affording them the 
desired relief. In such a state of things, wliatever might have 
been the original causes of the war, tiie general goverimjent 
could not hesitate to extend her arms for the protection and se- 
curity of our bleeding frontiers. 

From all these circumstances combined, I feel myself author- 
ized to assert, that the Seminole war was entirely defensive in 
its character, notwithstanding tlie hesitation expressed by a 
majority of the committee of the Senate upon this subject. Al- 
though lio.-itilities were carried on in the enemies' countiy, it 
was still a defensive war, and requii-ed no manifesto on our 
part, owing to the open hostilities of the enemy, and our hav- 
ing suffered the first act of aggression.(jji) 

Being an Indian war, and entirely defensive in its character, 
I shall endeavor to prove that the President of the United 
States possessed all the power and authority of tliis nation m 
its conduct and management. 

Ever since the year 1795 the President has been invested 
by law with full and continuing powers to repel Indian inva- 
sions.(n) Under a similar authoi'ity were the canij)aigns of 
generals Wayne, Harmer, and St. Clair, prosecuted for the 
peace and secuiity of the north westein frontier,(o) as well as 
those which were carried on with the southern tribes. All 
these acts were approved by Congress, and completely met 
the views and w ishes of tlie American people. 

Although the President cannot declare war, yet he can i-e- 
pel it when waged by others, as he is entrusted by the constitu- 
tion with the protection of the nation and the assertion of its 

(w) VaUel, 293, 519; Martens, 273. 
(n) 2d Vol. Laws United States, 479. 
i^o) 2d Vol. Laws United States, 74. 103. 



22 



riglits. Were the United Stales invaded during the adjourn- 
ment of the National Legislature, no one will hazard so much 
as to affirm that the Executive would he bound to await their 
meeting befoie he could legally interpose resistance. Such a 
doctrine would be ruinous in the extreme, eveij between sove- 
reign and independent nations. 

To rci)el invasion, then, is both a legal and consiitutional 
duty of the Executive; and to requii^e a declaration of war 
against savages, on sucli an occasion, w ould be without a pre- 
cedent. It would be an acknowledgment of their indepen- 
dence, and that the usages of war entitled tiiem to be treated 
as lawful enemies. We never have made such an acknow- 
ledgment; but, on the contrary, have extended our criminal and 
commercial laws within their territory; refused those whore- 
side within our limits the privilege of disposing of their lands 
to any pow cr except the United States, and have obligated our- 
selves to restrain tiiem from hostilities with Spain. Further- 
more, a war w aged by savages can have no lawful form, effect, 
cr object. Its progress is characterized by plunder, massa- 
cre, destruction, and revenge ! Such a war, as w ell as the 
means employed in its prosecution, ^re unlawful; and a iiation, 
when attacked by such enemies, is under no obligation what- 
ever to extend tow ards them the laws and usages of civilized 
w arfare. They may be hanged as banditti and robbers.(p) 

If the President is bound by his duty to repel invasion 
without a declaration of w ar, he can lawfully enter a neutral 
territory in pursuit of the enemy w ithout making war, and 
consequently without its being declared. This right of self- 
defence gives all the means wliich are necessary to its pre- 
servation; (</) and it must be conceded, that the exercise of 
a right is neither war, nor cause of w ar. In proof of this, 
^^c may lawfully enter neutral territory to pursue or attack 
an enemy, {r) — seize a neutral post to anticipate him — and 
pass through a neutral counti-y by force, if necessary, with- 
out an act of war against tlie neutral, (s) The Executive, 
however, is the constitutional organ througli which all this 
jjOAver is to be exercised. The rights of the nation are entrust- 
ed to his protection, and he is provided with the means ne- 
cessary to its effectuation. He is made commander in chief 
of the land and naval forces, as well as the militia wiien call- 
ed into actual service, and it is his bounden duty to see the 
laws (which include treaties) faithfully executed. Under 
this authority, he can assert any specific right, or possess 

(/>) Vattel 296, 297. (q) Vattel, 241. 

(r) Vattel, 318, 515. («) Vattel, 315. 



28 



any specific thing, which the United States is autliorized to 
assert or possess, agreeably to treaty or the laws oi" nations. 
This principle was forcibly illnstrated in taking possession of 
Mobile and W^est Florida, to which measure, both Congress 
and the nation gave their unqualified approbation. 

But if it is insisted tiiat w ar did exist, there can be no he- 
sitation in believing that it was declared by Congress them- 
selves. They sanctioned every preparatory measure of tha 
President, and made it his imperious duty to proceed in iU 
prosecution. On the 25th of March, 1818, he communicated 
a candid and full statement of all the information in his pos- 
session Illative to the Seminole war, and stated, most expli- 
citly, that our troops had received orders to enter Florida in 
pursuit of the enemy, and plainly intimated that the Spanish 
authority would not be respected where it was not maintain- 
ed. Upon the receipt of this intelligence, they did not com- 
plain that the Executive had done wrong, or that their pow- 
ers were usurped; but, on the contrary, directed an addition- 
al brigade of militia to be called into service — increased the 
pay of the Georgia troops ali'eady engaged in the war, and 
appropriated 90,000 dollars as a compensation for the ser- 
vices of mounted volunteers. 

Here, then, is an acknowledgment that war existed; and 
as such, was tantamount to a declaration of war. (^) By rais- 
ing troops and appropriating money. Congress put a con- 
struction upon the case, and acquiesced in its propriety. All 
the information obtained was communicated in compliance 
with their ow n resolution, and, by not interfering at that mo- 
ment, they have rendered themselves responsible to the na- 
tion for the legality of the war, as well as for transferring it 
from our own to the territory of Spain. 

Having satisfied the reader tliat the authority of Congress 
has not been usurped, and that the Executive was vested witii 
full powers to prosecute this war without a declaration in 
form, I shall attempt, in the next place, to pi'ove that the 
orders of the President ti'ansferred all those powei's to the 
commanding Geiicral in Florida, and completely covered and 
Justified all the measures w hich he adopted for its speedy and 
effectual termination. 

For the purpose of arriving at a full understanding of the 
orders of the commanding General, it will be necessary to ex- 
amine the state of affairs, as well as some of the orders which 
had been issued from the War Department anterior to his 
taking the command. From, this examination, m e are ena- 

(0 4th vol. La\vsU. S.p. 835. 



24 



bled to learn that the savages had, for a considerable time, 
committed alarming depredations on the citizens of Georgia, 
and perpetrated a immber of murders on her frontier settle- 
ments. That state petitioned the Union for relief; general 
Gaines was assigned to the command of that District, and 
the general government demanded reparation of the Indians 
for past aggressions. 

On the 9th December, 1817, the War Department, after 
speaking of the hostilities of the Indians, wrote to general 
Gaines as follows: " Should the Indians, however, assemble 
in force on the Spanish side of the line, and persevere in com- 
mitting liostilities within tlie limits of the United States, you 
win, in that event, exercise a smmd discretion as to the pro- 
priety of crossing the line^ for the purpose of attacking them 
and breaking up their towns." 

On tlie 16th December, 1817, another letter says: " Should 
the Seminole Indians still refuse to make reparation for their 
outrages and depredations on the citizens of the United States, 
it is the wish of the Pi-esident, that you consider yourself at 
tiberty to march across the Florida lincy and attack them with- 
in its limits, should it be found necessary: unless they sliould 
shelter themselves under a Spanish fort. In the last event, 
you will notify this department.'* 

In the above situation of the orders, general Gaines was 
detached on duty to Amelia Island. Shortly after his depar- 
ture, however, intelligence was received at the Department 
of War, of the massacre of Mrs. Garrett and family, and the 
inhuman butchery of the detachment under lieutenant Scott. 
The very same day on which this melancholy information ar- 
rived, {n) the Secretary of War wrote a letter to general 
Gaines, and another to general Jackson, inclosing an order 
to the latter to take command of the Southern Division. 

On the 26tli December, 1817, the War Department writes 
to general Gaines at Amelia Island, informing him that the 
Seminole war had " assumed so serious an aspect" ** that 
they could not be brouglit to their reason w ithout the actual 
use of force" — that general Jackson had been ordered to take 
the command, and directed him, ** if his force was sufficient, 
to penetrate through Florida, and co-operate in the attack on 
the Seminoles." 

On the same 26th December, 1817, on which the above let- 
ter Avas written, order* were issued to general Jackson to 
take the command. They recited " the increasing display of 
hostile intentions by the Seminole Indians," and after stating 

00 See Mr. Tallmadge's speech, in House of Representatives, U. S. 



25 



tl»c regular force under his command, as well as tlie supposed- 
number of the enemy, authorises him to call on the Execu- 
tives of the adjacent states, for such additional military force 
as he might deem reqnisilc to beat the enemy.'* Tliis order 
also informed him, that .2;eneral Gaines had been directed *' to 
penetrate from Amelia Island through Florida, to the Semi- 
nole towns, if his force tvould justify his engaging in offensive 
operations. With this view you may be prepared to con- 
centrate your force, and to adopt the necessary measnres to ter- 
minate a conflict which it has ever been the desire of the 
President, from considerations of lunuanity, to avoid, but 
which is now made necessary by their settled hostilities.'* 

From these orders it will appear, that the circumstances 
which called the commanding general into the field induced 
the American cabinet to depart from the defensive and cau- 
tious policy wiiich it had originally adopted, and produced 
the determination to prosecute the war with vigoi' and effect 
in the couiitry of the Seminoles. The subsequent orders 
which were directed to the commanding general had no re- 
ference to those of general Gaines, save that of the 26th De- 
cember, which is given above, and was transmitted to him 
whilst at Amelia Island. These ordei's then entirely super- 
seded those given to general Gaines, and prove that the go- 
vernment had resolved to pursue a new system of operations 
against the enemy. The subsequent orders from the War De- 
partment are as follow: — 

<' 16th January, 1818. The honor of the United States 
requires that the war with the Seminoles should be termina- 
ted speedily, and rvith exemj^lary punishment for hostilities 
so unprovoked. Orders were issued soon after my arrival 
here, directing the war to be carried on "within the limits of 
Florida, should it be necessary to its speedy and effectual 
termination." 

*• 29th January, 1818. A confident hope is entertained 
that a sjjeedy and successful termination of the Indian war will 
follow your exertions." 

*' 6th February, 1818. The honor of our army, as well as 
the interest of our country, require that it should be as speed- 
ily terminated as practicable; and the confidence reposed in 
your skill and promptitude assures us, that peace will be re- 
stored on such conditions as will make it honorable and perma- 
nent." 

If there should be any doubts still remaining as to the plenir 
tude of the powers conferred on the commanding general, I 
would refer the reader to an extract fiom the President's mes< 

4 



26 



sage, as well as one fi'om a letter addressed to governor Bibb, 
by the Secretary at War. The message was communicated 
to Congress on the 25th of March, 1818, and, after some re- 
marks relative to the Seminoles, says: — 

"• The enclosed documents shew, that the hostilities of this 
tribe were unprovoked; the offspring of a s])irit long cherish- 
ed, and often manifested, towards tlie United States; and 
that, in tlie present instance, it was extending itself to other 
IrihcSf and daily assuming a more serious aspect. As soon 
as tlie nature and object of this combination were perceived, 
the Major General commanding the Southern Division was 
ordered to the theatre of action, charged with the manage- 
ment of the tvar, and vested with the powers necessary to give 
it effect.'' 

The letter to Governor Bibb is as follows : 

** 13th May, 1818. General Jackson is vested with full 
■powers to conduct the war in the manner he may judge best." 

With these ample and discretionary oi'dei's, and this satisfac- 
tory explanation of them, there can be no question that tliey 
authorise and Justify eveiy measure which was adopted during 
the Seminole war, and entirely acquit the commanding gene- 
ral of all censure and responsibility. Moreover, had the or- 
ders been defective in their impoi-t, the subsequent approval of 
the measures and motives of tlie commanding general, by the 
Executive, completely settles all controversy. It may not be 
impi'oper also to i-emark, that the orders were precisely ac- 
commodated to the nature of the case, inasmuch as the officer 
to whom they were directed was about to carry the war into 
an almost impenetrable wilderness, from whence he could nei- 
ther communicate, nor receive information, speedily, from the 
War Department. 

The fact that tlie commanding general was vested with all 
the powers of the Executive in the prosecution of this war 
being settled, it only remains for me to enquire how far those 
powers have been exercised in conformity with the constitution, 
and laws of nations. 

With regard to crossing the line and transferring the war 
into Florida, many of the observations ah-eady submitted in 
I'elation to the powers of the Executive, apjily with justness 
and propriety. They prove that it is the duty of the govern- 
inent to protect tlie people, and tliat it has a I'ight to all the 
means necessary to effect so valuable an object.(r) The safc- 
j (y of the people is the supi'eme law, and cannot be abrogated. 

(r-) Vattel, 22, oi9.- 



27 



The obligation to secure this end cannot be dispensed with, 
and nothing can destroy or impair the right to all tJic means. 
The right of security and self-preservation is i)aramouut to 
all others. It is a natural right, anterior to tlic laws of na- 
tions, and it is a perfect right which can be asserted by force. 

Upon these fundamental and immutable princijjles, as \\ ell 
as by virtue of tlic power vested in him by the constitution, 
is the President bound to repel invasion ; and no one can hesi- 
tate to say that he was authorized in crossing the line, as tlie 
defensive war in w hich he w as engaged could not otherw ise be 
terminated. It w as the denial of tliis principle that brought 
down sucli universal odium on the go\ ernment of Massachu- 
setts, during our late struggle with England. Such a doctrine 
was calculated to cripple the Executive department of our 
government in the most vital manner, and that too at a time 
when tlie enemies of our country may be prosecuting a war 
against us w ith every cruelty, vigor, and efficiency. Tims to 
deprive ourselves of the benefits secured by the law s of natio)is, 
renders us unable to contend with foreign powers upon etpial 
terms, and we should abaiulon our exposed and frontier settle- 
ments to the mercy of a I'elentless and savage foe ! 

Crossing the line into Florida then was a measure wliicli 
is completely justified by that necessity recognized by all wint- 
ers upon the law s of nations. It w as in Florida that the ene- 
my resided ; it was from thence they made tlieir murderous 
incursions, and it was thence tijey retreated foi* security v>itli 
their bloody trophies ! Here were their tow ns and villages ; 
tlieir w omen and childi*en, and all the resources w hich enabled 
them to carry on the war; it was here that oui' Iroops met 
with the principal resistance, and rescued from tlic savages a 
w Oman, w ho w as the only survivor of the tragical destruclio/i 
of lieutenant Scott and detachment. The pur])oses foi' wiiicli 
the w ar was commenced could not have been accomplished 
witliout transferring it to their territory ; and it appears self- 
evident, that, if the law of nations w ill authorize us, in self-de- 
fence, to engage in such a w ar, it nnist also sanction all the 
means necessary to its effectual termination. The right of 
security obliges the government to protect its citizens, and 
carries w ith it and justifies all the measures ncc(>ssary to be 
employed in its accomplishment. No principle is better estab- 
lished than this, and there is certainly none of more vital im- 
portance. 

In consequence of the government having failed in their 
I'cpeated and earnest efforts to negotiate a peace with the In- 
dians, they were at hvst compelled to engage in the conllicl 



28 



with great reluctance. Forre was rendered absolutely neces- 
sary; and our duty to ourselves gave us a right to every 
thing essential to our own preservation.(w) Upon the prin- 
ciple of necessity and self-defence, we arc authorized ta enter 
the territory of a neutral power in quest of an enemy.(x) 
Much more should this be the case, Avhen that territory is the 
retreat and I'esidence of our irreconcilable and savage foe, 
and where alone the war can be speedily and effectually ter- 
minated. Was the contrary the practice, neighboi'ing terri- 
tories would become a safe asyliun for banditti and robbers, 
who might carry on their murderous liostilities against us 
with the most perfect security. 

The conduct of a neutral power must be altogether impar- 
tial to both of the belligerents ; and if it is refused force may 
be resorted to without cause of complaint to the neutral.(t/) 
It is absurd to say that it is necessary to declaj-e war against 
the neutral, in order to put an end to such hostilities. The 
Executive ajid his commanding general pursued a course en- 
tirely different, and one wliich is in unison with the laws of 
nations. Although the neutrality of Spain had been prosti- 
tuted by the weakness or corruption of her official agents, yet 
we entered her territory as friends,(a) to chastise the enemies 
of both nations. The commanding general never designed it 
as an act of war, nor did the President so consider it in his 
message to Congress, at their last session. The Spanish go- 
vernment did not construe it as war, nor did Mr. Pizarro or 
Don Onis complain of it as a measure of that description. 

The fact was, that the authority of Spain over Floi'ida had 
ceased, according to the confession of her own commanding 
officers, and become a derelict to all intents and purposes. Be- 
ing unable or unwilling to restrain the savages, agreeably to 
treaty, we were at libei'ty to attack tliem as aggressors, and 
suppress them without going to war with that power. If the 
Indians do not occupy the ground of independent sovereign- 
ties, we had a right to adopt this course ; and if they do, we 
have violated no neutral right of Spain in pursuing them to 
their towns and villages. Whether Spain then was neutral 
or belligerent, or tlie savages dependent or independent, we 
had a riglit to enter Floiida in order to terminate the war ; 
and this right is sustained by the proceedings of Congress in 
1 8 1 8, by the laws of the United States, and the laws of na- 
tions. 

{w) Vattel, 517, 519. (x) Vattel, 318. 

(u) Vattel, 332. (s) See General Jackson's letters, doc, p. 59, 61, 90. 



29 



Our rights on this occasion were greatly strengthened by 
our treaty uitli Spain, whicli obliged her to restrain ker In- 
dians from attacking the United States.(ft) The engagements 
of a treaty impose a 'perfect obligation, and give a perfect 
right, Avhicli may be asserted by force.(6) Riglit and obliga- 
tion are correlative terms. As Sj)ain was obliged to restrain 
the Indians, Me had a right to have tliem restrained; ami the 
plea of inability to comply with her treaty, still comj)elle{l 
Spain to use all the means in her power, and to furnish us witli 
every aid and facility towards doing ourselves that justice 
which we had a right to expect fi'om her hands. In relation 
to the Indians, the two governments were in the situation of 
allies, mutually bound to restrain them within tlieir respec- 
tive limits. Owing to the non-compliance of Spaiji, her du- 
ties were devolved upon us, and we were entitled to all the/ 
means necessary to tlicir peiformance. There was an urgent 
and indispensable necessihj for the discharge of these duties ; 
and it is upon tliis principle that one nation is authorized to 
seize a post of strength belonging to a neutral pow er ; to put 
a garrison into it, either for defending itself against an ene- 
my, or for the purpose of preventing him in his designs of 
seizing the place, when the neutral is unable to defend it.(c) 

We gave Spain notice of the violations of her neutrality to 
our disadvantage by tlie British, negroes, and Indians. Wc 
complained to her officers of the occupation of Pensacola by 
Colonel Nicliols ; of the erection of the negro fort on the Ap~ 
palacliicola ; of the aid and comfort afforded our savage ene- 
mies at her fortresses, and their co-operation with this motley 
horde iii carrying on hostilities against the United States. 
In opposition to the most conclusive proof, they denied any 
criminal participation ; but acknowledged the tiuith of the 
other facts, and pleaded inability to prevent theii* recurrence. 
Under such circumstances, our right to redress being establish- 
ed, and the delinquency of Spain notorious, the laws of na- 
tions authorized us to have recourse to force in the pursuit of 
that right; especially whenitAvas out of our power to obtain 
peace by amicable means, and when we foresaw that a conti- 
nued effort to that end would be entirely fruitless.((/) The 
President aiul his commanding general would have neglected 
their duty to the nation, in the most shameful manner, had 
they suffered a mathematical line to arrest their progress, 

(a) 2d Vol. Laws of the United States, 26$. (^) Vattel, 182. 
(c) Vattel, 315, (d) Martens, 265, 268. 



m 



when the enemy w as permitted to retreat beyond it for protec- 
tion, as Avell as for the purpose of ,^ainin.i^ time to i-ally, or- 
ganize, and prepare for new acts of hostility. The war would 
have been endless had they been bound to respect an authority 
that did not exist; a sovereignty that was not asserted or ex- 
ercised, and rights that were suffered to be usurped for the 
purpose of promoting the most cruel and savage war against 
the frontier settlements of the United States ! 

To translate the war into Floiida became necessary, in or- 
der to convince the enemy that our forbearance had not pro- 
ceeded from weakness, or from a consciousness of their securi- 
ty under Spanish protection. It was justified by the necessi- 
ty of terminating the war ; of preventing the I'cpetition of rob- 
beries and massacres on our frontiers; and it was precisely 
the same description of necessity that authorised the occupation 
of the Spanish fortresses of St. Marks and Pensacola. 

It is diflicult to perceive how those who regard the Seminole 
country as neutral tei'ritory, and believe its occupation to be 
compatible with our neutral relations, in consequence of its be- 
ing necessai'y to suppress the hostilities of the Indians, can deny 
the same necessity for taking possession of the Spanish posts. 
The same provocations existed to justify both; and if there w as 
any difference, it is so small and indistinct, as to be unworthy of 
notice. In one case possession was taken of territory, and in the 
other of garrisons. Neutrality was equally violated in both in- 
stances; and those who object to the occupation of the fortresses, 
must, in principle, be opposed to crossing the line; and, if so, 
then to every measure which was adopted as indispensable to 
terminate the w ar, and give peace and security to our bleeding 
frontiers! Had the President and his commanding General 
awaited tlie meeting and decision of Congress, to authorise all 
tliese measures, the frontiers of Georgia and Alabama might 
yet be deluged with blood, and the Seminoles encamped in battle 
array on tlie banks of the Tennessee and Oconey! With such 
a prospect, and the enemy at hand, to talk of delay is to deride 
tlie mandates of nature and of nature's God. 

For the purpose of obtaining some evidence of the views of 
the Executive in relation to the occupation of the Spanish 
posts, we will take tlie liberty of calling tlie attention of the 
reader to the order of the Navy Department to Commodore 
Patterson, directing him to afford his naval aid and co-opera- 
tion to the Commanding General in Florida, in removing ob- 
structio7is to a free communication between t\iQ forts and for- 
ces of the United States, and *• to adojit snch further measures 
as the circumstances of the case or the developement of crenls 



■maij render necessary. *'{e) It is licre worthy of notice, tliat, at 
Hie time this oi'dei' was issued, the nea;i'0 Ibi't was (UMUoiishetl; 
and tlie naval detachment must liave been intended, if neces- 
sary, to co-operate in tlie reduction of St. Mai-Jvs, Pensacola, 
and St. Augustine, as tiierc were no other positions on the 
Gulphupon which they couhl hebrouglitto bear. It is also to 
be remarked, tiiat they did co-operate, under this order, in the 
reduction of St. Marks and Fensacola. Furthermore, the com- 
manding General communicated to the Exccuti^ c the })rohable 
necessity of taking possession of both those fortresses.(/) and 
had the measures been disapproved, or had tliey contra\ ened 
the policy of the Cabinet, they might have been countermand- 
ed and arrested in their progress. 

The truth of the case was, tiiat there existed the same ne- 
cessity for the occupation of the ])osts tluit there was for de- 
stroying the Indian towns and villages. Nay, more, as they 
wero fortijied places, from v» hence the savages drew their sup- 
plies, and whence they lied for refuge and security. Situa- 
ted as they were, the objects of crossing the line would have 
been defeated had they not becji taken, and the negroes and 
Indians deprived of the aid and security which they received 
from the commandants. AYlien our army retired fiom tlie 
country, they would again have been rallied, and made a de- 
scent upon our defenceless frontiers with additional ferocity. 

The measure was indispensably necessary to tlie execution 
of the commanding General's orders, and the accomplishment 
of the objects for which the campaign had been commenced. 
His orders were, — to procure a speedy and effectual termina- 
tion of the war, and a peace on such terms as would be per- 
manent and honorable to the United States. These })uri)oses- 
could not be effected so long as the commandants of those 
posts furnished our enemy with supplies and munitions of 
war, and aided, abetted, and encouraged them in their hostili- 
ties against us. Being compelled, by the defalcation of Spain, 
to discharge her duties, we were entitled to all the means ne- 
cessary to effect that purpose; and if the ])ossession of St. 
Marks and Pensacola was essential to the restraint and 
suppression of the savages, we are completely justified in the 
adoption of the measure. 

To the post of St. Marks, the negroes and Indians had fled 
for refuge and protection, after their defeat at Suwaney. — 

(e) Appendix, No. S3. 

If) Pres. Mess. 2d Dec. 1818. Gen. Jackson's letters to Sec. at AVar, 25th 
March, 8th April, and 6l!i May, 1818. 



The commanding General of tlie President had been informed 
by the Governor of Pensacola, through Captain Call,(.§') that 
tlie Indians had demanded arms, ammunition, and provision, 
or the possession of tlie fortress; and that he presumed pos- 
session would be given, from inability to defend it. With tliis 
and other information, tlie commanding General, upon ap- 
proaching the place, requested that it might be used as an 
American garrison during the war, which he was then prose- 
cuting, for the chastisement of the common enemies of both 
nations. The commandant refused to comply, but acknow- 
ledged to Capt. Gadsden the justness of the Governor's appre- 
liensions; that threats had been used by the negroes and In- 
dians, and that he was unable to defend his post.(/i) 

In the course of the communication, the commanding Gene- 
ral of the Executive became satisfied of the weakness as well 
as criminality of the commandant; that St. Marks was a 
depot for Indian supplies, and that the neutrality of Spain 
M as perverted to the basest purposes.(i) Under these cir- 
cumstances, he demanded the fortress to be surrendered. It 
V, as here that Hillis Mjo held liis war councils in the com- 
mandant's quarters, and that the latter stimulated the Indians 
to robbery and murder, by promises of British protection, 
and by telling them of a declaration of war by Spain against 
the United States. The commandant was also the jailor of 
tlambly, whose crime was liumanity to our citizens, and at- 
tachment to the American government! He acknowledged 
that he liad " observed towards those barbarians a policy 
which had the appearance (i{ ^ warm friendship;^' but by which 
he had incurred " a considerable expense." Here it was, that 
foreign emissaries carried on their infernal intrigues; that the 
property plundered from the citizens of Georgia was publicly 
sold, and that previous contracts were made for it by the offi- 
cers of the garrison, with a full knowledge of the violent and 
unlawful manner in which it was to be obtained! It was at 
this place that the Indians obtained supplies and munitions of 
■war; that Luengo permitted the bloody clothes taken from the 
murdered comrades of Lieut. Scott to be vended to Spanish 
soldiery, and that the public stores and store-houses were ap- 
propriated for the benefit of our enemies. 

The case in which it is justifiable to seize a neutral post 
existed. The enemy had threatened to occupy St. Marks, 

{g) President's Messag'e, 2cl Dec. 1818, p. 48. 

{h) Doc. Pres. Mess. 2d Dec. 1818, p. 261, 63, 63, 64, 67. 

0) Appendix, No. 24, 34. 



33 



and premeditated seizing upon the possession. Ambrister, 
at the liead of 500 of his brigands, had approached it, to the 
alarm of the commandant, and they were still collecting 
for the purpose of taking it, so soon as the commanding 
General should withdraw his forces. In this state of 
things, necessity and the laws of nations justified its occupa- 
tion. A belligerent can *• seize, and temporarily occupy, 
and even gai'rison, the post of a neutral country, in or- 
der to prevent the designs of his enemy in seizing the place, 
whenever the sovereign of the country is not able to defend 
it."(/v) Here the enemy wanted neither tiie inclination nor 
ability to execute their threat; and whether St. Marks was 
occupied by a neutral or belligerent, it was equally subject to 
be captured. 

A neutral ship oi* foi't may protect neutrals and their pro- 
perty, but they are not allowed to be pi'ostituted for the se- 
curity of the persons and property of enemies.(/) As a neu- 
tral, the conunandant was bound to observe tiie most rigid 
impartiality towards the parties at war;(m) and inasmuch 
as the British and Indians had violated her neutrality and 
occupied her posts, we were, by the laws of nations, entitled 
to enjoy the same privilege. The Executive and his com- 
manding Genei'al are theiefore entiiely justified in taking 
possession of this post, in order to prevent its further occupa- 
tion by the negroes and Indians. It was upon the same prin- 
ciple that the great Frederick took Dresden, as a depot, in 
order to anticipate his enemies, when he understood that 
Russia and Austria intended an invasion and partition of his 
dominions. 

With respect to the occupa,tion of Pensacola, it is justified 
upon tlie same immutable principles of self-defence which au- 
thorised oui' taking possession of St. Marks. This place had 
also become the asylum of negroes and Indians, who di-ew from 
it supplies and munitions of wai", and retreated to it for shel- 
ter and protection, upon the surrender of St. Marks. 

After leaving a garrison in the place last mentioned, and 
defeating the negroes and Indians at Suwancy, the army re- 
turned to Fort Gadsden. Believing that the war was ter- 
minated, and thejenemy dispersed, the Georgia militia, under 
General Glascock, were discharged, and every preparation 
was made by the commanding General for returning to the 
interior. He was, however, disap})ointed in his calculations 
upon this subject, as he was soon informed that Pensacola had 
become the asylum of the flying and defeated sa^ ages, and that 

(k) VAtie], 315, (I) Vattel, 507. (m) Vattel, 497. 



34 



rtie Governor had refused the passage of provisions up the 
Escambia, destined for our starving troops sta oned at Fort 
Crawfoi'd. 

Upon the receipt of this intelligence, it was resolved to 
make a movement in that dircctioii^ for the purpose of ascer- 
taining the facts, and scouring the country on the west side of 
the Appalachicola.(?i) On the banks of the Escambia, tlie let- 
ter of Governor Bibb(o) reached the commanding General by 
an express, on tlie 22d of May, and, aftei* detailing many mur- 
ders and outrages which m ere daily committed on the fron- 
tiei's of Alabama, remarks — '* I should have mentioned that, 
in April, a house, ^\ithin fifteen or twenty miles of Claiboi-ne, 
Avas attaclvcd^ the husband killed, and wife and two daughters 
wounded. Thiity dollai's, a quantity of bacon, and eveiy ar- 
ticle which could be conveyed away, taken and carried to Pen- 
sacola, where, Ihelieve, the murderers might still be found.*- — 
The sufferers weic the family of Mr. Stokes, spoken of in the 
deposition of CharlesBaron.fjj) who also states, that the plunder 
taken on tliat occasion was publicly sold to the inhabitants of 
Pensacola ! ! Furthermore, the commanding General was 
met on his route, by tlie protest of Governor Mazot,(</) on the 
£3d of May, complaining of the violation of his neutrality, 
and ordering him to retire from West Florida, accompanied 
with a threat to coerce him if he did not comply. In reply, 
the commanding General I'epi'esented his views not to be ini- 
mical to Spain, in enteiing her territory, but for the purpose of 
suppressing those biigands and freebooters who were ecpially 
hostile and annoying to both nations. (?•) 

With all these facts before him, but particularly those con- 
tained in the letter of Governor Bibb, the commanding ge- 
neral could no longer hesitate, and, for the first time, formed 
tlie resolution of occupying Pensacola. The majority of the 
Senate's committee have grossly erred, when they state, (s) 
tliatthis determination was foi-med at Fort Gadsden, aftei the 
commanding General had written to the Secretary of War 
from St. Mai'ks that the war was at an end. The fact was, 
tlie enemy were beaten and dispersed, and, whilst at St. Marks, 

(m) Pres. Mess. 28th Dec. 1818, Gen. Jackson to Sec. of War, May 5th, 
1818. 

(o") Letter of Gov. Bibb to Gen. Jackson, dated Fort Crawford, May 19th, 
1S18. 

C/») Pres. Mess. 2d Dec. 1818. Depositions often witnesses in p. 102, 103, 
104, 105, 110, 111, 112, particularly Charles Baron's deposition. 

(ry) Doc. Pres. Mess. 2d Dec. 1818, p. 87, 91. 

(r) See Doc. Pres. Mess. 2d Dec. 1818, p. 59, 60, 61, 62. 63, 64, 65, 66, 67» 
68 to 73, 90 to 94. 

{s) Mr. Lacock's report, p, 7. 



35 

no facts had been certainly ascertained, to authorize the occu- 
pation of Pcnsacola. The information received was such as 
was calculated to arouse suspicion, and to. justify the j)rudcn- 
tial and precautionary measure of dispatchin^^" Lt. Sands to 
Mobile for artillery, in order to take tlic place, should it be 
found necessary, upon further investij^ation. On the arri\ al 
of the commanding' s^eneral at Fort Gadsden, it was render- 
ed probable, by a letter fi'om Mr. Doyle, a mercliant of Pen- 
sacola, that a large number of Indians had recently visited 
that place; wei-e committing depredations on the inhabitants, 
and receiving aid and comfort from the garrison. lie also re- 
ceived intelligence, from various sources, of the murder of the 
18 citizens on tlie Sepulgurs; of a family near Fort Claiborne, 
and that the citizens of Montgomery were fortifying them- 
selves. In order to ascertain the truth of these and other facts, 
the commanding general resolved to move forward with tlie 
army himself, instead of returui)ig to the interior. The facts 
proving to be true, upon the arrival of Governor Bibb's 
letter and Mazot's protest, it was determined to gari'ison the 
place with American troops. 

It is astonishing that the majority of the committee sliould 
have so obviously misrepresented this transaction : as they 
might have been informed, that Governor Mazot's jirotest 
was the cause which induced the commanding general to oc- 
cupy the forti'css, had they adverted to the deposition of Dr. 
Bronaugh, {t) which they have published as an accompanying 
document to their report. But Averetlie statement of a majority 
of the committee admitted to be true, it only proA-es, that the 
commanding general was mistaken as to the resources of the 
oiemy to commit subsequent aggression, and that he could 
not foresee the prostitution and corrujjtion wliich was jn-actis- 
ed at Pensacola. It does not, in the smallest degree, dispro\e 
the necessity and propriety of taking jiossession of the post, 
agreeably to the laws and usages of )iations. 

Upon his approach to Pensacola, the commanding general 
of the Executive found it to be the i-endezvous for embodying 
hostile Negroes and Indians; tliat tliey had free egress and 
ingress to the fort, and that 500 had been i-ecently seen in the 
town, many of whom were hostile, and equipped for war by 
(ioverno)' Mazot. The facts were, that the leaden aprons 
of their cannon had been distributed amongst them as a sup- 
ply of lead; and, after being invigorated by supplies and ai-ms 
from the public stores, they issued forth in marauding parties 

(/) Mr. Lacock's Rep. S. U; S. p. 42.- 



36 



upon our defenceless frontiers! A party had been pursued 
Avithin sight of tlie fort, and, after being defeated, took refuge 
within its walls. Another, from the same place, had murder- 
ed eighteen of tlie citizens of Alabama; returned to it with 
their booty and scalps, and were ultimately sent across the 
bay by the governor, to enable them to elude the pursuit of 
the Amei'ican army ! A quantity of cottonade and women'' f: 
clothing were brought to that place by the Indians, and pub- 
licly sold; notwithstanding it was notorious tbat those articles 
had just been taken from those whom they had butchered on 
the American f{'ontier!!(7t) To crown the whole, upon the 
surrender of the fortress, express provision was made, in the 
articles of capitulation, for the safety of a hostile Alabama 
chief, who was tlien within its walls, who was one of the in- 
stigatoi's of the war, and who sent out the detachment which 
murdered Stokes and his family on the Escambia, about thil'ty 
miles from Pcnsacola!!!(t)) 

In examining the laws of nations as applicable to these facts, 
I find that there w as a much greater necessity for occupying 
Pensacola than St. Marks. The President, by his command- 
ing general, was justified in taking this step, as a measure of 
defeiice and self-presei'vation against our savage foes; and all 
the authorities and arguments which have been adduced in the 
case of St. Mai'ks, apply, on the present occasion, w ith redou- 
bled force and propriety. 

The law of nations authorizes the seizure of provisions if 
necessary,(u') and certainly a post may be taken which ob- 
structs their passage. As the existence of our army was en- 
dangered by the measure, and as we were performing the du- 
ties of Spain, there can be no question as to tlie right of de- 
jiriving the commandant of Pensacola of the power of doing 
us a similar injury during the continuance of the war. When 
a belligerent invests a place of his enemy, he is allowed to 
interdict all intercourse with neutrals, for the lawful purpose 
of carrying into effect the object of the investment. Besiegers, 
too, do not hesitate to treat as pi'isoners, and even punish with 
death, all persons attempting to supply a city besieged.(^) 
If these principles are applied to an army in the field, they 
will authorize one belligerent to cut off the resources and pre- 



(w) Pres. Mess. 28th Dec. 1818, p. 102, 

(*) See depositions of Caro, Caso, P. Seiiac, W.'Cooper, C. Le Jeune, G. 
Skeate, J. Barrelas, J. Bonuefay, Baron, p. 102 to 105. Hambly and Doyle, 
p. 110 to 112. 

(^jf) Yattel, 166. (x) Vattel, 508. 



3? 



rent the supplies of the other, by every means wliich may be 
siiggested by necessity and the laws of sclC-pi-eservation. 

" On my enemy's being defeated, and too much weakened 
to escape me, if my neighbor affords him a reti-eat, allows him 
time to recover, and watch a favorable opportunity of making 
a second attack on my territories; tliis conduct, so pernicious 
to my safety and interests, would be incompatible with neu- 
trality," and *' gives me a right to enter his territories in 
quest of my enemy. '*(?/^ 

Further, the law of nations ''permits or tolerates every act 
which, in itself, is naturally adajrted to the end of the war, 
without pausing to consider whether such hostility was requi- 
site, useless, of supei-fluous, in that particular case, unless 
the exceptions to be made in that case were not absolutely 
clear."(2;) 

Had the commanding General of the Executive retired from 
West Florida, in conse<iuence of the threat of governor Mazot, 
he Mould have violated his ordei's; inasmuch as he would have 
done only half his duty, by securing only one half of our ex- 
posed froutiei". The war could not have been effectually and 
speedily terminateiU nor the peace honorable and permanent. 
He would have covered himself with disgrace, and tarnished 
the honor of the army and the nation., whicli had been entrusted 
to his care and protection. The Indians and negroes would 
have acquired additional confidence, and, upon the withdrawal 
of our troops, would Jiave renewed the tragical scenes of in- 
discriminate butchery upon our boi'ders ! 

This threat of governor Mazot was amply sufficient, of it- 
self, to determine the President and his commanding General 
to take possession of Pensacola. They wei-e bound to antici- 
pate it and prevent its execution. («) Sucli a menace is consir 
dered a declaration of hostilities, and is the commencement of 
w ar, w hen made by one sovereign against another. It is not 
merely a declaration of hostilities; it is even i-egarded as an 
attack, and gives to him who is threatened the defensive, al- 
though he sliould strike the first blow.(&) A similar threat, 
by the King of Prussia, produced the war with France which 
was terminated by the battle of Jena. 

So far, then, as this inquiry has progressed, I am authorized 
in asserting that the occupation of both tliose fortresses was 
effected in self-defence, and in perfect confomiity with the law 
of nations. They had been alternately substituted for the 
Negro Fort on the Appalachicola; had become the laborato- 

(//) Vattcl, 515, 516. (r) Vattel, 559, 550. {a) Vattel, 453. (i) Martens, 273. 



38 



ries of war, where all its combustible materials were collect- 
ed, and where they were oiganized for active service. They 
were, in reality, Indian forts, attempted to be protected by 
the Spanish flag; and had they been in tlie exclusive posses- 
sion of our enemies, they could not have been more benefitted, 
nor wc more seriously injured. Their seizure saved hundreds 
from the tomahawk and scalping knife; and if it were right 
for Congress to approbate the conduct of sailing-master Loomis, 
and vote him 5000 dollars, for blowing up the Negro Fort, it 
was certainly much more praise- worthy and important to oc- 
cupy the posts of St. Marks and Pensacola. 

Nor was the occupation of those fortresses an act of war. 
To require that it should have been preceded by a declaration 
of war, is, in effect, to deny the right altogether of taking pos- 
session of neutral foi'tresses. If war existed, it originated 
with tlie Spanish commandants and Indians, and we had a 
right to complain of the necessity imposed upon us of repell- 
ing the invasion. Had Spain done her duty, this necessity, 
on our part, Avould liavc been completely obviated. We acted 
in self-defence, and gave no cause of war. As an Indian war, 
it has been tlie uniform practice of the government, ever since 
its organization, to wage it without a declaration in form; 
and if Spain suffered in the course of its prosecution, it was 
the result of her own malconduct or neglect. The posts were 
seized upon the same principles on which Pensacola was taken 
whilst occupied by the British emissary Nichols, during the 
late war with England, agreeably to an order from the War 
Department, and of which Congress and Spain made no com- 
plaint. For similar reasons, did the American government 
take possession of Amelia Island, in order to wrest it out of 
the liands of outlaws and smugglers, and in consequence of 
the Spanish authorities being unable or unwilling to preserve 
theii* neutrality. If the latter measure was justifiable, much 
more so was the occupation of Pensacola, as "the lives of our 
citizens are of infinitely greater importance than the plunder 
of our commerce, and the security of our frontier of much 
greater interest than the prevention of smuggling." 

Such acts of force are not the effects of war. They may 
sometimes produce it, but are always open to explanation and 
reparation.{c) They may be justified, or disavowed. As an 
illustration of the truth of this doctrine, I would beg leave to 
refer the reader to the case of Major Washington, who erected 
a fort on the Ohio in 1754, was attacked by the French com-' 

(c) Vattel, 293. 



39 



mander Dc Villier, and compelled to capitulate. A similar 
circumstance transpired in 1750, between the French and Kn^- 
lish forces in !Nova Scotia; and with Govei'nor Simcoe, wlio 
built a fort at the Rapids of the Maumee in 1794. 1 \\ould 
also cite, as perfectly in point, the cases of Turk's Island, 
Falkland Islands, and Nootka Sound; the actioiis between the 
Leopard and the Chesapeake; the American frigate and Little 
Belt; the ex})edition of Colonel Smith against the Negroes 
and Indians in East Florida, in 1812; the occasional expedi- 
tions of the Georgia militia to Florida for similar purposes; 
and particularly that of Colonel Williams of Tennessee, who 
commanded a regimejit of volunteers against the Creek In- 
dians, w Ithout any authority from the general or state govern- 
ment. These events shew, that acts of violence, committed 
by commanders of portions of the armed force of different na- 
tions, each asserting the rights of their respecti\e govern- 
ments, are not such acts as must be preceded by a declaration 
of war. 

Having become the allies of Spain by ti'eaty, for the pur- 
pose of suppressing the hostilities of the Indians, we were 
authorized to take possession of these posts without affording 
any cause of war. Indeed, Spain, as I have before remarked, 
was bound to contribute every aid and facility in the preserva- 
tion of our rights. ♦' The sovereign who violates his engage- 
ments on pretences that are evidently frivolous, and who does 
not think it worth his while to allege any pretence whatever, 
to give a colorable gloss to his conduct, and cast a veil on his 
want of faith — it* is such a sovereign who deserves to be treat- 
ed as an enemy to the human race."(rf) ** To refuse any ally 
tlie succors due to him, without having any just cause to al- 
lege for such refusal, is doing him an injury, since it is a vio- 
lation of the perfect right which we gave him by a formal en- 
gagement. As it is an obligation naturally incumbent on us 
to lepair any damage caused by our fault, and especially by 
our own injustice, we are bound to indemnify an ally for all the 
losses he may have sustained in consequence of our unjust rc- 
fusal."(e) 

Public war exists between one sovereign and another, and 
is declared in form. If force is applied to the unauthoiized 
acts of the officers of another nation, it is not war; nor is the 
nation to which the aggressors belong responsible for the acts, 
unless approved, or done in pursuance of previous orders. 
Spain has disavowed the conduct of her official agents in Flo- 

(rf) battel, 230. (/•) Vattelj 327. 



40 



rida, and the Ameiican government has declared that a war 
was not intended with that nation. Tiie two governments 
liave acknowledged themselves at peace, and have since kept 
lip a regular and friendly intercourse with each other. Had 
war existed, it could not yet be at an end, as no treaty of peace 
has been made; and the Spanish teiiitory and foi'tresses, be- 
coming a part of the national domain by conquest, should not 
have been suri-endered without negociation. 

The commanding General did not consider those measures 
as constituting wai*, nor were the officei's and ti'oops of the 
Spanish garrisons treated like conquered enemies,(/) as as- 
serted in the 9th page of Mr. Lacock's report to tlie Senate. 
This idea is predicated upon a quotation of about half a sen- 
tence from General Jackson's letter to the Secretary of War, 
dated at Fort Moiitgomery, 2d June, 1818.(§') Had a majo- 
I'ity of the committee consulted tlie whole of that document, 
they would have discovered that the commanding General bot- 
tomed all his operations on '* the immutable principles of self- 
defence, authorized by the law of nature and of nations." 

In his communications with the commandant of St. Mai'ks, 
the commanding General says — *• 1 come not as tlie enemy, 
but friend of Spain." **1 have entered the territory of 

(/) If the reader will advert to the documents accompanying the Presi- 
dent's Message of 2d December, 1818, from page 119 to 123, inclusive, he 
will find the proposals which were made to General Jackson by Governor 
Mazot, for tlie capitulation of Pensacola; from which it appears, that it was 
the request of the Governor that he, with all iiis officers, both civil and mili- 
tary, should be transported to the Havana, at the expeitse of the United States. 

The articles composing the terms upon which the fortress was surrender- 
ed, from 1 to 15, are for tlie security of persons, property, and records. Tiie 
17th, with the next additional one, are for the safety of the murderous and 
hostile chief Oi>oyhala, who was to be included with the persons to be trans- 
ported to the Havana, The 18th provides for the freedom of religion; and 
the 19th that the American government shall restore the province and for- 
tresses, in the same state in which they found them, after the objects of the 
war should liave been accomplished, as explained in the official letters of 
General Jackson. And, finally, if any doubt should arise as to the meaning of 
the terms of the agreement, they should be construed in die manner most 
favorable to the Spaniards. 

The Governor of Pensacola requested that the government should be dis- 
solved; and in such a state of things it became absolutely necessary that 
some kind of civil authority should be organized for the protection of the 
lives, liberties, and property of the citizens, during our temporary occupation 
of the place. It was essential that revenue laws should be estabhsited, in 
order to "check tlie smuggling which had been carried on successfully, in 
that quarter, for many years past, and to admit the American merchant to an 
equal participation in trade." General Jackson would have failed in his du- 
t)', had he neglected a matter of so much importance. This was all that was 
contemplated, and it was effected in conformity with the laws and customs of 
Spain.— See his report, Pres. Mess. 2d Dec. 1818, p. 86, 7, 8. 

(5-) Pres. Mess. 2d Dec. 1818, p. 86. 



41 



Spain as a, friend, to cliastise a mutual oneniy of botli na- 
tions.'X^O 1» ''is letters to the War Ucjiaitnienfr, iniisicdiately 
after the occupation of St. Marks, he ob.ser\ es : •• Pcrsoiuvl 
rights and private property Iiave been respected, and the com- 
viandant and garrison furnished yvith transportation to Fensa- 
colaJ* Again : " In tlic spirit of fi-iendship, 1 demanded its 
surrender to the army of the United States until the close of 
the war."(i) To the Governor of I*ensacola, he stated tliat 
the principlellbf self-defence urged him to occupy tliat foitress, 
and that he had not been })rompted to it '* from a m ish to ex- 
tend the territorial limits of the United States, or from any 
unfriendly feeling on the part of the American Rej)t!blic to the 
Spanish government.''*(/t) Further: *' Entering the territory 
of Spain to f5g]it her battles, to relieve from bondage her sub- 
jects, and to chastise an Indian tribe whom she acknowledged, 
under existing treaties, slie was bound to pi-esei've at peace 
with the United States, I bad every reason to exj)ect that tlie 
American army would have been received as friends, and e\ery 
facility afforded to ensui-e success to operations so interesting 
to both governments."(/) 

Although the President and his commanding Generals can- 
not declare wai', yet it is their duty to detern.iine who and 
Avbere their enemy is, and in self-defence to I'epel aggression. 
Their military operations were not directed against the go- 
vernment of Spain, but against her fortresses, which had be- 
come the strong holds of Negroes and Indians, and whose neu- 
trality was perverted to the basest purposes. They seized 
them as the asylums and depots of our enemies; because they 
had ceased to be neutral, and were Indian forts to all intents 
and purposes. 

The analogy attempted to be shewn by a majority of the 
Senate's committee(?}i) between the occvi])ation of those for- 
tresses and the capture of the Danish fleet, the disn.iember- 
ment of PolaJid, and the subjugation of Europe by Bona])arte, 
is extremely unfortunjite. In neither of those cases was the 
war just and defensive in its ch;iractcr, noi- were the acts al- 
luded to such as wei'e dictated by necessity, and without which 
the war could not be terminated; neither were tliey iji ])ursuit 
of a savage, defeated, and flying enemy. 'I'he Danish fleet 
was not in imminent dangei- of being seized by the enemy, aiid 
that government was in the undisturbed enjoyment of her 



(A) Pres. Mess. 2(1 Dec. 1818, p. 61, 62, 63. 

0) I'res. Mlss. 2(1 Dec. 1818, p. 51, 57. (/. ) IIj. p. 97. (0 lb. p. 91, O: 

(»n) Mr. I.acock's Keport, p. 9. 

6 



42 



I'ights and neutrality. The war against Poland was entirely 
wnprovoked. She was engaged in reforming her own consti- 
tution; was at peace with Austria, Russia, and Prussia; and 
tlie fall of Kosciusko will i)erpetuate tlie infamy of those three 
powers who were engaged in her dismemberment. As to Bo- 
naparte, it may be said that he admitted of no neutrals. His 
wars were those of an insatiable ambition; often waged with- 
out provocation, and having for their object, alone, the acqui- 
sition of dominion and poM er. * 

Upon tlie subject of the execution of the Indian chiefs, and 
the two foreign incendiaries, Arbuthnot and Ambrister, the 
facts and authorities appear to be equally clear and conclu- 
sive. One of the former was a prophet, *' the crucifix of 
whose religion is the tomahawk and scalping knife; the li- 
bations of whose worship is the blood of the white man." He 
lield a Brigadier Gener-aPs commission from Great Britain, 
and employed his superstitious influence, and the promises 
of his trans-atlantic friends, to instigate his deluded brethren 
to deeds of rapine and massacre! The other headed the par- 
ty Avho perpetrated the cold blooded butchery of Lt. Scott and 
his inifortunate companions!! Both had been active fomen- 
ters of the war, and were engaged in most of the murders 
committed on our frontier. These were the monsters who had 
been demanded to be surrendered by the treaty of Foi*t Jack- 
son, which was ratified by the Senate, and carried into effect 
by tlie Congress of the United States. The majority of the 
Senate's Committee say — " they were hung without trial and 
with little ceremony." (ri) The fact is, they were executed, as 
they ought to have been; as are all prisoners for similar of- 
fences, and agreeably to the laws and usages of nations. 

Jlmbiister acknowledged himself to be the agent of the infa- 
mous Woodbine, and subaltern of McGregor; and that he 
came to Tampa Bay to see the run-away negroes righted! 
He ^^Tote letters to Colonel Nichols and the Governor of 
New Providence, soliciting supplies and munitions of war, 
to enable those negroes to carry on their ferocious and de- 
solating hostilities against our frontier settlements! He offici- 
ated as a military chief in disciplining the negroes atSuwaney; 
supplied them with arms, ammunition, &c. and sent out de- 
tachments to oppose the American troops. In addition, he 
commanded a corps of negroes in person, with the object of 
anticipating the commanding General in the occupation of 
St. Marks. He was taken in arms against the forces of the 

(n) Mr.Lacock's Bep. p. 6. 



43 

United States; pleaded guilty to the cliai-.e;cs ullei^cd against 
him, and threw himself upon the merry of the court. («) 

Jirbuthnot was tlic successor of the incendiary Nichols, 
and confessed to Hamhly, and the Biitish Minister Mj-. IJagot, 
that he came to Florida to act as an agent for the inciians. — 
He stimulated them to oppose tlie treaty of Fort Jackson, 
and was authorized, hy a special power of attorney, a])pro^ - 
ed, in writing, by the commandant of St. Marks, to oiiiciate 
as the agent of the Indian tribes in Fh)rida; to put in w riting 
tlieir grievances against tiie American go\ernment; deliver 
talks and hold councils of war, in which lie presided as a cliief; 
and was active on one occasion, when a white man, supposed 
to be friendly to the United States, was decreed to be tortured!! 
He corresponded with the British Minister in the United 
States — with Col. Nichols — the Governor Gener-al of the Ha- 
vanna, — Governor Cameron of New Pi-ovidence, and the 
Governor of St. Augustine; in which he made false repre- 
sentations of outrages and trespasses committed on the In- 
dian territory by American citizens, and solicited supplies, 
and munitions of war, for the savages, in carrying on a war of 
extermination on our borders! He gave the Indians his ad- 
vice; distributed knives, arms, and ammunition, to the pi-incipal 
chiefs, as also a druvi to each of tlie hostile towns; and advised 
the Indians at Suwaney of the force and movements of the 
American army. The first outrages of the Semiiioles may be 
dated from the ari-ival of this Fiiebrand and the prophet Fran- 
cis amongst them from England! 

These facts clearly identify those outlaws with tiie Indian 
chiefs, and equally subject them to the laws of retaliation. 
If there is any distinction to be made between them, it must 
be decidedly in favor of the Indians. " The guilt is in the 
heart that plots, and not in the hand that executes." The in- 
dividual who disregards the mild customs of his nation, and 
the dictates of religion, so far as to instigate, aid, and abet 
the Negroes and Seminoles to the butchery of every age, sex, 
and condition, sins against light and knowledge, and is inli-! 
nitely more criminal than the ignorant and untutored savage. 
A well settled principle of national law proves tiie parties to 
have been associates, and subject to the same penalty. 

** It is true, every associate of my enemy is my enemy. It 
is of little consequence, whether any one makes war on me 
directly and in his own name, or under the auspices ofanotherj 

(o) See Pres. Mes. 2d and 28th Dec, 1815, and whole of the docnments. 



44 



^vhate^ cr rights \\ ar gives nie against my principal enemies, 
it gives me against all his associates.'* 

In order to explain what those rights are which we are 
justified in exercising on such an occasion, I beg leave to 
call the attention of the reader to two other extracts from tlie 
law of nations, which will place this branch of the subject 
beyond the reach of question: — 

•' Wlien at war with a nation which observes no rules and 
grants no quarters, they may be chastised in the persons of 
those of them who may be taken; they are of the number of 
tiie guilty, and, by this rigor, the attempt may be made of 
bringing them to a sense of the laws of humanity." (])) 

Again: — " We may refuse to spare the life of an enemy 
who has surrendered, A\hen the enemy has been guilty of 
some enormous breach of the laws of nations, and particular- 
ly -ivhenhe has violated the laws of war. {q) 

Arbuthnot and xVmbrister then deserved to suffer death, 
Avliet'icr they are placed upon a level with the outlawed Red- 
sticks, or the runa\N ay negroes, who were in an open state of 
I'ebeilion. They were instigating this savage and motley 
horde to wage an unjust and nnUnuful war with the United 
States, without any authority; and as peace existed between 
England and this nation, they are to be esteemed as more 
ci'iminal than murdeiers! 

Crhncs against the laws of war, for which prisoners may 
justly die, arc: — 1. Tdaking war without authority, the war 
being lawful. — 3. Making unlawful war; and, 3. Using means 
contrary to the laws of war. Upon these principles, the pri- 
soners were subject to be hanged, even had \var existed be- 
tween this country and England; inasmuch as the means em- 
ployed, as well as the war itself, were unjust and unlawful, 
and witliout authority. 

War can only be carried on by the authority of the sove- 
reign, (r) Those who commit hostilities and violence without 
a particular order, n)ay be hung up as robbers and banditti, 
(.s) and excluded fiom the rigiits of prisoners engaged in law- 
ful war. {t) Those who fight contrary to their duty, or with- 
out its being their duty, the laws of nations equally condemn. 
'I'his rule was asserted by the English, during our revolu- 
tionary war, in tlie case of colonel Ethan Allen; and if that 
man may be justly and lawfully executed ^\\m attacks the 
soldiers of tiie enemy without autiiority, how much more does 
he merit death, whose country being at peace with ours, in- 

(/•) Vattel,520, 534. (<?) Vattel, 520, 529. (r) Martens, 2?2. 

(*) Vullel, 566. (0 Martens, 272, 280, ^^84. 



45 



sti.-^atcs negroes and Indians to the murder of innocence, and 
CA cry other act of haibarism? 

War is a great calamity, and individuals should not be 
permitted to declare it. or agj^raA ate its horroi's by a violation 
of its clear and established rules. By these rules, the sub- 
ject of a neutral power who wa.u;es ^var by land is punisha- 
ble with death, unless in the service of a nation engaged in a 
rcgnlur wai*; and the pi'inciple has been extended so far, as 
not to permit a commission to exempt a neutral on the ocean 
from the same ])unishmeiit for a similar transgression. 

It is only in lawful wars, that prisoners can claim the bene- 
fit of the laws and usages of civilized nations. There must 
be a just cause, and lawful authority for engaging in its prose- 
cution. It must not, at least, be an incursion for havoc and 
pillage; as its authors may be treated as robbers, and ene- 
mies of the human race. All ha\e a right to join in punish- 
ing, suppressing, and even exterminating, such savages, [u) 
As the Seminoles could not wage a lawful war against the 
United States, they could not transfer sue h a right to the In- 
dian chiefs, or to Aibuthnot and Ambrister. lliis savage 
war w as so unjust and uimuthoiized, a)id t!je means employ- 
ed so unlawful, that had Colonel Nichols or Woodbine been 
captured w ith a Biitish commission in theii' pockets, it could 
not possibly have protected tliem from a sentence of death. 

Tliese arguments demonstrate, that Arbutlmot and Am- 
brister, as well as the liidian chiefs, merited deatli on the 
principle of retaliation, /o?- their own atrocities. The penalty 
fell upon the guilty, and not upon the innocent. If the two 
former were British subjects, they a iolated the British and 
Spanish treaties; the laws of nature, and the laws of Avar. If 
they had forfeited their allegiance, they were upon a level with 
the Indian chiefs, and deserved one common fate. 

But retaliation may be even exercised on the innocent, 
w here the enemy has been guilty of a violation of the usages 
of war. (v) Whenever the enemy sets us the example of de- 
parting from the laws of w ar, we aie at liberty to follow it. (w) 
This principle was recognized by General Washington, in 
his orders to Genei'al Sulli\ an, whom he detached against the 
Indians at an early period of our history. Its expediency 
and legality was also acknowledged in the case of Sir 
Charles Asgill; w as adopted by the Congress of the revolu- 
tion, (x) and by the Congresses of both Adams's (i/) and Madi- 
son's {%) administrations. 

(m) Vattel, 151, 152, 177, 282. (x) Mnrshall's History, 3d Vol. 391. 

(t) Vattel, 321, Martens, 236, 283. (v) 3(1 Vol. Laws U. S. 284. 
(u') Martens, 279. (z) 4th Vol. Laws U. S. 536. 



46 



With regard to savages, this rule may be considered sound: 
that they should be made to feel any degree of force or pu- 
Mishment necessary to pre^ ent them from robbing our citi- 
zens, and murdering our women and children; or, in other 
words, we should ti'eat them, as prisonei's, as they treat us. 
If we fail to inflict this poition of severity, we are wanting iu 
our duty to our own citizens. Moreover, it is not to be ex- 
pected, that the usages of civilicied warfai'e can be extended 
to savages, who are not pai'ties to them, and who acknowledge 
no obligation to observe them. 

The objects of the war would haAC been but half accomplish- 
ed, had not exemplary 'punishment been inflicted upon the au- 
thors of it, agreeably to the orders of the Executive. The 
war could not liave been successfully terminated^ nor the peace 
have been honorable and 'permanent. The source of the evil 
was the object; and it is the pui'pose of a just war to prevent 
as well as to revenge injuries.(ft) It was necessary, not only 
to deter otiiers, but to pievent the repetition of the same 
Ci'imes, by the prisoners. This was particularly true in the 
present instance, when it is considered, that most of our In- 
dian wars are to be ascribed to tlie excitement of foreign 
agents, unprincipled traders, and influential chiefs and pro- 
pliets. As they are "held by no treaty, and bound by no ties; 
I'egardless of all faitli, and influenced by no mercy, who would 
advise that such outlaws should be turned loose to remingle 
witli the misguided savages, exhibiting themselves at once as 
the pledge of our weakness and our fears ?" I presume there are 
none ; and to attempt to piescribc the limits of humanity, or 
graduate too nicely the scale of necessity for our own militaiy 
commandei's, whilst other nations are governed by their own 
discretion, and views of national law, cannot but be denounc- 
ed as a dangerous experiment. 

^"^ hen our government complained of the conduct of these 
two foreign incendiaries, the British Minister replied, that his 
government had no jurisdiction out of his own country, and 
consequently could not interpose its authority. The Spanish 
governors also asserted their incompetence to restrain them 
and the Indians ; and had not the Executive and his com- 
manding general resorted to the laws of retaliation, those 
atrocious offenders must bave escaped witli impunity, and, by 
an indirect sanction, been encouraged in their enormities. 
The consequence of that measure on the Indian chiefs, m as, 
that the Ochesee warriors immediately surrendered, and the 

(a) Vttttel, 454, 576. 



47 

whole clan of Fi^ancis acknoAvlcdi^ed their submission. They 
were treated humanely, furnished with transpoitation and 
provision, and sent into tlic Creek nation. 

The prinripk' u])on which tlie prisoners were executed w as 
avowed and approbated in the proclamation of General Hull ; 
and if tliere were yet any doubts remaining as to its propiie- 
ty, the decision of the British House of Lords, on the 11th of 
May last, would be entirely conclusive. They admitted that 
Arbuthnot and Ambrister acted without any authority or com- 
mission from their government ; that they had forfeited their 
allegiance, and that tliere was no distinction to be made as to 
their liability to punishment; that they Mere outlaws, and al- 
together without the pale of their jurisdiction. This decision 
completely covers the whole ground assumed by the Executive 
and his commanding general, and is a%^ci'e satire upon the 
course taken by the opposition in Congress. The House of 
Lords disapprove of the execution of the culprits, upon the 
ground of unnecessary severity, and of informality in the tri- 
al of Ambrister; but they refused their protection, and admit- 
ted that they were identified with the savages, which, under 
the laws and usages of nations, subjected tlicm to the poialty 
of death. Having practised their outrages and dcpredatioiis» 
both on land and water, they merited the punishment which 
A\as inflicted upon them, as outlaws and as pirates! 

If we had a right to resort to the law of retaliation on the 
Indian chiefs, no one who has the most ordinary claims to in- 
telligence will venture to deny, that we could exercise a siini- 
lar right in relation to those foreign incendiaries and firebrands 
of war. They were tiie principal authors of the war; tliey 
had identified themsehcs with the ferocious savages, rvho ob- 
served none of the rules of civilized warfare; who never gave 
quarter, and w ho took prisoners only for the purposes of tor- 
ture ! Will it be contended that we w eie authorized to execute 
the untutored savage, and not those who had instigated, aided, 
and abetted them in the war, and who weie known to have 
enjoyed all the lights of education ? Foibid it justice. For- 
bid it Heaven ! 

For the savages, some apology might be made on the score 
of barbarism and want of education; but for Arbuthnot and 
Ambrister no such plea could be sustained. I'he first weie 
the deluded instruments of inhuman and wily intrigues; the 
last were the parents and projectors of the desolating war on 
our frontiers, and of all the ati'ocities w hich necessarily fol- 
lowed in their melancholy train. Contending with such ene- 
mies, every christian and philanthropist must approve their 



48 



execution, as promotive of the objects of humanitr. If it is 
justifiable, by the laws of civil society , to put to death the com- 
mon murderer, it must be admitted to be much more so, where 
the culprits have, in some cases, been principals, and in oth- 
ers accessaries, both before and after the fact, of massacreing 
men, women, and children. Mercy has no voice to plead 
for the pei'petrators of such horrible crimes, but surrenders 
their lives to retributive justice; as they are disowiied by their 
own government, have outraged their own natiu'es, and "de- 
graded them.selves beneath tlie savage chai-acter, by descend- - 
ing to its level." Such a course is the dictate of common 
sense and legitimate warfare. "No writer on national law 
ever pretended to contradict it, and none of any reputation 
ever omitted to assert its validity." 

But it is denied liiiT the power of retaliation is vested in the 
commanding general. The laws of nations upon this point (as 
it has been upon all those already examined) is perfectly satis- 
factory: "When your army is out of your own territory, the 
right of retaliation is in the commanding general; and he has 
the right of sacrificing the lives of his enemies to his own safe- 
ty, or that of his people, if he has to contend with an inhuman 
e7iemy, and treat them as his own people have been treated."(&) 

It must have been for the punishment of such savages as the 
Seminolcs, and their infamous associates, that this section of 
national law was provided, besides transferring the power of 
retaliation to the commanding general. The proceedings of 
genei'al Washington, in the cases of Sir Charles Asgill and 
major Andre, prove, that he clearly understood himself as in- 
vested with this power. The Congress of the revolution re- 
solved that it belonged to the commander in chief, and the 
commander of a separate aimy, respectively; and it was exer- 
cised by them, during that memorable period, .without any 
otlier autliority than tliat conferred by the law of nations. 

To satisfy the I'cador upon this point, I would request him 
to advei't to the cruelties of Delancy's corps; the retaliatory 
measures of the loyalists in New -Yoi'k, and the execution of 
colonel Hayne at Charleston. The same power was exercised 
upon the ten tories taken at King's mountain; upon the emis- 
saries sent by Sir Henry Clinton to corrupt the Peimsylvarua 
line, aud upon the ringleaders of the mutiny amongst the Jer- 
sey ti'oops; who were all hung or shot without the formality 
of a trial.(c) The example of such retaliation on the savages 
and their associates is to be found in the cases of colonel 

(b) Yattel, 321; Martens, 283, (c) Alarshiill's History, 4th Vol. 368. 



49 



Hamilton, who was taken at Vinccnncs; of Walter Rutlei', 
who was denied quarter as a leader of Indians;(d) as also in 
the massacre of Indians at Lancaster, by the Paxton Boys; 
tliat of the Shawanee chief Coi'ustalk, and Loi^an's relations, 
on the Ohio, and of the Cherokee chief Hanging-maw, on the 
Tennessee. On such occasions, where the innocent are sub- 
ject to suffer fi)r the guilty, great clemency is recommended; 
but in the case of the Indian chiefs; of Arbuthnot and Am- 
brister, there was no room for an exercise of this attribute, as 
they were making an expiation for their own ci'imes. The 
punishment fell upon the guilty, as the facts were admitted, 
and their criminality established beyond the reach of question. 

A majority of the Senate's committee admit that Arbuth- 
not and Ambrister wei'c identified with the savages, and me- 
rited the same treatment which should be extended to those 
with whom they were associated; but object to the execution 
on the score of humanity and religion, and of its being con- 
trary to the practice of the American government.(6') They 
say that ^^retaliation in tlic United States has always been 
confined to specified acts of cruelty," and **it is not believed 
that any attempt has ever been made to retaliate for charges 
so general as those exhibited against Arbuthnot and Ambris- 
ter," "inciting the Indians to war."(/) 

I have already shewn that the execution was authorized by 
the law of nations. This point is even conceded by the com- 
mittee; and the examples of retaliation to which I have just 
refei'red, prove, that the execution was not conti-ary to the 
practice of the American government, or confined to specified 
acts of cruelty. Even in the example of captain Huddy, 
quoted by the majority of the committee, no general or specie 
charge was exhibited against him; but it was a case in 
which the innocent was about to suffer for the guilty. Very 
different was the situation of Arbuthnot and Ambrister. The 
penalty fell upon the guilty; and it was perfectly consistent 
with religion and humanity, as it contributed to establish a per- 
manent peace, and saved hundreds from robbery and massa- 
cre. It was not upon the general charge of ^'inciting the In- 
dians to war," as stated by a majority of the committee, that 
the two British outlaws were doomed to suffer death; but in 
consequence of their being found guilty of sundry specijications 
attached to that and othei* charges. The majority of the com- 
mittee have quoted only one of the general charges exhibited, 

{(I) Marshall's History, 4th Vol. Appendix 13, 

(r) Mr. Lacock'3 Report, p, 11. (/) Mr. I.acock's Report,?. 1-3, 



^0 



omitting the specijlca lions subjoined, as well as all the oilier 
cliarges and specifications Avhich wej*e preferred, and establish- 
ed by conclusive proof! !(^) By such a process as this, it 
would be no difficult task to convict the most unsullied inno- 
cence. 

If any subject has ever been definitively settled, I think I 
may venture to assei-t. that this relative to retaliation has, both 
by precedent and the law of nations. In no case, save tliat of 
a spy, has this power been taken from the officers of our army: 
and tills exception certainly strengthens those cases not ex- 
cepted. The right of refusing cpiarter and inflicting deatli, 
where the usages of civilized w arfarc have been viohited, has, 
in all ages, been invested in tlie commander in chief. It has 
been universally the case in Europe; and whilst the officers of 
foreign nations are permitted to exercise it, to deprive our own 
of the same power, would be to place the American people up- 
on unerpial ground in a national conflict; preclude us from 
treating tliem astiiey treated us, and indirectly encourage them 
in the practice of their enormities ! The consequence w ould 
be, that foreign emissaries would instigate the savages to nmr- 
der and dcjiredation upon our borders w ith impunity; "Indian 
w ars ^^ ould never cease, and iiniocent blood would forever 
flow !" 

If tlie commanding general did not possess the power to re- 
taliate, the time, in many cases, ^\ ould necessarily pass away 
at which it could avail him, and the effect intended to be pro- 
duced upon the conduct of the enemy entirely defeated. Tiiis 
would be particularly the case when he should be located at 
a considerable distance from the seat of government, or in a 
besieged town, v.here any communication with the Executive 
or Congress Mas diiiicult, or entirely cut off" by tlie enemy. 
Tlie resolution proposed in the House of Representatives of 
the United States upon this subject, acknowledges the neces- 
sity of the Executive being c Jothed w ith the power to retaliate; 
which is only placing it one giade higher than in the case 
now before us. Even were it disposed of in this manner, the 
object of the I'esolution has been completely accomplished, as 
all the acts of the commanding general were expressly au- 
thorized and approved by the President of the United States. 

Nor have our laws and constitution been violated. The in- 
dividuars whose fate is here involved were parties to neither. 
They were found and executed beyond the territorial limits of 

(/r) Fresideiil's Message, 2d Dec. 1818. Proceeding's of the Special Court 
Qi Encjuiry, p. 164: 



51 



the U)iited States, wiieie our laws and constilulioii li;i\<' ii« 
operation, excci)t between tlie American s^ovei-nnient and its 
own citizens, and whei-e none others could chiim tlioir protec- 
tion. Our courts couhl not try them, as they were never with- 
in our territory. They were not our citizens, and, consequent- 
ly, not houjul by our laws; they owed us no alles^iancc, and 
wei-e entitkMl to no protection. All the authorily we could 
claim, was undei' the laws and usages of nations, MJiich our 
lei^islation cannot extend or annul. *• The spirit of your insti- 
tutions cannot pass into foreii;n territory, and give your civil 
tribunals criminal jurisdiction.**(/?) Congress may waive the 
benefits secured to them by the law of nations, but so long as 
those laws remain unchanged, their application in the field is 
an Executive duty, and must be vested in the President and Iiis 
commanding geneials. Tiiey should not be bound by rules 
which our enemies do not respect; but ought to be armed with 
j'ctaliatory powers, in order to revenge past, and prevent fu- 
tui'c outrages. 

I flatter myself the reader is now completely satisfied that 
the President and his commanding General were authorized, 
both by piecedent and the law of nations, to exercise tlie powci- 
(»f retaliation on the prisoners, without the aid of a Special 
Court of Enquirij. It may be asked, tiien, why it was con- 
vened ? 

The Executive, tlirough his commanding General, never 
doubted, for a moment, his autliority to punish under the law 
of nations; but, as it was an act of great respor.sibility, he con- 
ceived it due to the world and the prisoners, that the truth of 
the allegations should be ascertained under tiie solemnity of an 
oatii. The whole misunderstanding upon this bi'anchofthc 
subject arises out of our considering tlie tribruial before which 
the pi'isoners were ai'raigncd. as a Court JIartial, a])})ointed to 
try and determine offences undei- tlie rules and articles of war. 

The acts of Congress establishing these rules and articles 
create two descriptions of courts: one a Court of Enquini, to 
report facts and opinions only; tlie other a Court Marticily ift 
try and ])unish offences. They are botli limited in their juris- 
diction to our own officers and soldiers, and to breaches of the 
rules and articles of war. If the connnander in chief disap- 
proves of tlie decisions of the court martial, he may order a 
second, and cannot, without its sentence, punish an offender. 
This tribunal is also bound by the strict rules of evidence, 
whilst special couits and boards of officers obtain information 
without a rigid adherence to legal testimony. 

'h) ^'attel, 52. 



53 



The Executive, through his coiijmaniling General, being re- 
sponsible for every proceeding against the enemy, tvhere the 
right to direct is complete^ but attended with doubt and difficul- 
ty, he frequently directs his officers to enquire^ and express 
their opinions, as to a judicious exercise of that right. If the 
proposition relates to the movements of the army, it is deno- 
minated a Board of Officers; if it regai'ds a prisoner taken from 
the enemy, it is then called a Special Court, or Court of Enqui- 
ry. This last tribunal has no legal creation or jurisdiction; it 
can pronounce no sentence, am; could not either enlarge or 
curtail the rights of the Executive and his commanding Gene- 
ral. It was altogether advisory in its character, and its opin- 
ions were not more obligatory than those of a council of war. 
If the President, through his commanding General, was author- 
ized to act as he did, by the law of nations, the opinion of the 
Court of Enqidry could not possibly control him. In referring 
the case to theni for theii* opinion, &c. if they misapprehended 
or enlarged their authority, or committed any errors, it could 
not abridge his powers, or purge the fault of the prisoners. 

The Court of Enquiry in the case of Arbuthnot and Ambris- 
ter derived all their powei* and authority from tlie order of the 
commanding General. That order, without which this court 
could not have been created, entitles it a *' Special Court,'* 
and directs it to perform special duties; " to record all the docu- 
ments and testimony in the sevei'al cases, and their opinion as 
to the guilt or innocence of the prisoners, and what punishment 
(if any) should be inflicted." It details It. Glassell as a '• Re- 
corderf'' by which a Court of Enquiry is invai-iably distinguish- 
ed, in all military writers, from a Court Martial; the latter al- 
ways having a Judge Jdvocate, as an essential officer, without 
whom no proceedings can be had, and no sentence pronounced. 

This tribunal was, then, neither a General or Regimental 
Court Martial. The offences were committed by foreigners, 
and in a territory to which our rules and articles of war do 
not extend. The specified cases to which the jurisdiction of a 
Court Martial is confined, do not embrace that of Arbuthnot 
and Ambrister, and is consequently beyond its reach. Were 
those rules and articles even extended beyond our limits, and 
the Court of Enquiry clothed with all the powers of a Court 
Martial; yet the second sentence, in the case of Ambrister, was 
illegal, as the laws of Congress positively forbid the infliction 
of stnpes.{i) If they were governed by the law of nations, ( as 
they should have been,) it is still unauthorized, as that law pro- 
hibits punislnnent by torture. In Q,\tYy point of view, the se- 

(0 Acts ofMay, 1812. 



53 



cond sentence was illegal,* and the first, pronouncing the penal- 
ty of death, was the only one which could he properly carried 
into execution. The special court liaving no right to pronounce 
a sentence on the culj)rits at all, they could not citlier shield 
them from punishment, or inflict one less than that authorized 
by the law of nations.(/i') This was the only law by which they 
could be punished, and the only power to retaliate known ta 
that law is vested in the Executi^ e and his commanding Gen- 
erals. It recognizes no court martial, or otlier military tribu- 
nal, to try and punisli for its violation. Even had the trial been 
informal, if the punishment was merited, and the power admit- 
ted to be in the commanding General, there could be no sub- 
stantial ground for exception. 

The examples of Major Andre and Colonel Hayne are en- 
tirely analogous to that under consideration. In both instan- 
ces, similar tribunals weie organized for the same specific pur- 
poses; and, in the first. General Washington gave the rules of 
evidence equal latitude. 

In the trial of Arbuthnot and Ambrister, the testimony was 
such as to be perfectly admissible, agreeably to tJie most I'igid 
I'ules of the common law; and would have been received by any 
criminal court in a case of life and death. It was clearly prov- 
ed, by the letters of Arbuthnot, as well as by the witnesses, that 
a confederacy existed between the prisoners and the hostile 
savage chiefs, for stirring up, exciting, and encouraging the 
negroes and Indians to war and mui'der ! The existence of a 
confederacy being once proved, there is no rule of evidence bet- 
ter established, than that the acts and declarations of one con- 
federate, relative to the objects of the confederacy, are good 
testimony against another. This was conceded as sound law 
in the trials of Tooke and Hardy, and will be found to be set- 
tled in McNally, by a number of adjudicated cases. W hen it 
is recollected what were the sources from which the evidence 
was to be derived, it is a matter of great surprize to find it so 
strong and conclusive as it was presented befoi'e the Coui-t of 
Enquiry. 

It will here be distinctly perceived, that the commanding 
General, wliilst surrounded by eveiy dilHculty and privation, 
in the almost impenetrable wilds of Florida, v ithout the aid of 
authorities and counsel, understood the rules of evidence, as 
Avell as municipal and international law, much better than the 
opposition in Congress, who enjoyed all the above advantages, 
and wlio had those subjects, for several weeks, under thcii* con- 
sideration. 

ik) Vattel, 297, 391, 325, 365; Martens, 369, 2SO, 385. 



54 



Tlie great inconsistency and diversity of sentiment which 
were expressed by the opposition upon the different points of 
controversy, were truly I'emarkable; and greatly fortifies tlie 
Opinion, that the measures adopted in the commencement and 
termination of the Seminole war were legal and unexceptionable. 
One assumed tlie ground that the powers of Congress had 
been usurjicd; that the war had been declai'cd by the Execu- 
tive; threw the whole blame of the original aggression on the- 
citizens of Georgia ! and opposed our crossing the line into 
Florida, as well as every other measure growing out of the 
war, as offensive and unconstitutional! Some conceded the 
propriety of crossing the line, but objected to taking posses- 
sion of the Spanish fortresses. On one hand, it was admit- 
ted, that the execution of the prisoners was just and proper, 
as also the capture of St. Marks; but, on the other, no apolo- 
gy could be found for the occupation of Pensacola! One ac- 
knowledged tlie legality and jiropriety of executing Ambrister, 
but could not consent to the same punishment being inflicted 
on Arbuthnot! And, strange to tell, a distinguished member 
gave his approbation to no one measure, save the execution of 
Ambrister ! 

This contrariet}^ and inconsistency of opinion, amongst the 
opposition, certainly affords a very strong presumption that 
their positions wei-e frivolous and untenable. It also shews 
the absurdity of their requiring our commanding Generals. 
AAhilst agitated by the hurry and confusion of war, to be ac- 
quainted with all the nice distinctions and subtle refinements of 
national law, upon which the most learned jurists of our coun- 
try are unable to arrive at any kind of agreement. When 
orders are therefore given to a military officer, all that can be 
required are good intentions and fidelity of execution. 

I shall now^ proceed to a consideration of those points, con- 
tained in the report of a majority of tlie Senate's committee, 
which have not been noticed in the preceding pages. 

It is stated in the report to the Senate,(^) that, in consequence 
of the establishment of a line of forts near the Southern boun- 
dary of the United States, and the occupation of them by por- 
tions of our regular troops, " peace was maintained with the 
Indians until the spring or vsummer of 1817." This is not a 
slight inaccuracy, when we consider the report made by Lieu- 
tenant Loomis to Commodore Patterson, published amongst 
the documents accompanying the President's Message of the 
28th of December, 1818.(7ji) By that statement it appears 

(0 Pag'e 1 (m) Page 67. 68, 69, 70. Letter from the Secretary of Stat© 
to Mr. Erving, 28th Nov. 1818, page 15, 



55 



•that Midshipman Loug'hhoroii,a,h, who was in a boat with four 
mon,ascendin,a;thc Appalacliicohi river, on tlie 17tli July, 181 G, 
was waylaid by llie Indians; 7vheti himself and three nf his men 
were killed, and the other taken prisoner! The last, Mr. Ed- 
ward Daniels, O. S. was tarred and burnt alive/! It also ap- 
pears, from the same documcnts,(7j) that the s^overnor of Geor- 
lyia, (Mitchell,) in a letter to General Gaines, dated 5th Fe- 
bruary, 1817, complained that the noted AVoodbine, a forcij^n 
incendiary, *• was stirring up the Seminole Indians and ^lC- 
groes to acts of hostility against this country." He says — 
" About 10 or 12 days ago a small party of those Indians en- 
tered the frontier of Wayne county, and stole tivo horses and 
some cattle; they were pursued by some of the inhabitants, who 
peaceably demanded a restoration of the stolen property; and, 
instead of a compliance, on the part of the Indians, theij imme- 
diately fired upon the whites^ who retired without returning a 
shot. One of the avhites was mortally wounded." 
The same person, in his letter to the Secretary of Wai*, under 
date of the SOth March, 1817,(o) further obser^ es, that a pai-ty 
of these Indians had murdered a yvomaii and two children, and 
brought off some horses; and then proceeds to state »» that a 
British agent is now among these hostile Iiidians," and " tlnit 
he is also charged with stimulating the Indians to their pre- 
sent hostile aspect," 

" The fact," says the Secretary of State, " that, for several 
yeai's, they (meani)ig the Indians) have received shelter, assist- 
ance, sup])lies, and protection, in the practice of such hostili- 
ties, from the Spanish commandants in Florida, is clear and 
unquestionable."(p) Further : In a letter from A. Cullough 
to General Gaines, written at Fort Gaines, when s])eaking of 
the lower tribes of Indians, he says : '* They have stolen almost 
every horse belonging to the citizens. They have scared them 
from the fields which they have cleared, and have taken posses- 
sion of their houses. They are now stealing horses, cattle, and 
hogs, from the Georgia lines, and have killed one or two fami- 
lies on the St. Tillas.^\q) 

General Gaines, in a letter to Mr. A. J. Dallas, sccretaiy 
of war, dated 22d of May, 1815, states, that the Indians had 
killed two of our dtizens,{r) [Johnson and McGasky,] and on 
the same day it appears that a hostile party surprised and took, 
from the immediate vicinity of Colonel Clinch's camp, two 

(«) p. 171. (o) Doc. Pres. Mess. 28th Dec. 1818, p. 17?, 
(/») Secretary of State, 28tli Nov. 7818, p. 18. 19. 
Iq) Pres. Mess. 28th Dec. p. 175. 
()•) Pres. Mess. ?8th Dec. 1818, p, 4?. 



56 



privates and thirty head of cattle, wliicli last were purchased 
for the siihsistence of his troops.(s) Moreover, W. Hambly, 
in a communication to Arbuthnot, in May, 1817, asserts that 
the Indians had committed twenty most cruel murders on men, 
'women, and childi^en, and stole one hundred horses, on the fron- 
tiers of the United States5(f) many of which outrages must 
have been perjjetrated jjrevious to the spring or summer of that 
year. 

The Bi'itish incendiary, Colonel Nichols, landed at Pensa- 
cola early in 1815, and invited to his standard, by public pro- 
clamations, all the runaway negroes from Florida and Geor- 
{^xa, savages, pirates, and traitors to their country, for the 
purpose of waging an exterminating war on our boi'ders. 
Upon General Jackson's approach to that place, he evacuated 
the fort to be blown up, and erected the Negro Fort on the 
Appalachicola, as a rallying point, from whence his motley 
horde of rencgadoes and malefactor's were to make their mur- 
derous incursions on our fi-ontier settlements. Both on the 
Appalachicola and St. Juan livers there were separate estab- 
lishments of negroes, who had been enticed by Colonel Nichols 
and others from their owners in Florida, Louisiana, and Geor- 
gia, and were in an open state of rebellion. The number tak- 
en from the citizens of the United States has been estimated 
at three or four hundred, which were sent to Ti-inidad and 
Nova Scotia.(?() As a stimulant to war. Colonel Nichols in- 
duced the Seminoles and Red Sticks to believe, that, under the 
treaty of Ghent, they were entitled to all the lands they held 
in 1811, which had been ceded to us six months before the 
treaty was made; and disaffected them as much as possible to 
the treaty of Fort Jackson. 

In a letter of Colonel Hawkins, of the 24th of May, 1815, 
he tells Nichols that lie had, on an ex parte hearing, " armed 
tlie Seminoles, and given orders to put to death, without mercy, 
any one molesting them. This, says the agent, is crueltj^ with- 
out example; scalping men, women, and children, for troubling 
or vexing only, and the executioners the judges ! 

** To gratify their revenge, the good and innocent citizens 
on the frontier are to be the victims of such barbarity. Sup- 
pose a banditti were to commit a violent outrage, such as that 
of the 2d of April, are we to charge it on the unoffending peo- 
ple of the frontiers, and kill them without mercy, if we could 
not find out the guilty ? You have issued the order; provided 
and issued munitions of war for its execution; prepared and 



(s) lb. p. 64. {t) lb. p. 124. 

in) Prcs. Mess. 28th Dec. 1818, p. 42, 45. 



57 

provisioned a strong fiold to retire upon in case of superior 
force appearinj^, to protect them in tliis mode of gratifying 
their revenge." In the same page, after detailing many out- 
rages, Colonel Hawkins remarks: "As late as the 17th of 
April, one man was killed and four wounded, on the post road; 
onr wagons twice attacked, and one wagoner killed; several 
horses taken, and carried, as repoited, to your depot, at the 
very time tlie wagons were carrying seed corn for the In- 
disins, and flour for the support of nearly 5000 totally destitute 
of food."(?') 

From these documents it is evident, that a majority of the 
Senate's committee have made an egregious mistake, when 
they state that peace existed with the Indians from the treaty 
of Fort Jackson, in 1814, until the spring or summer of 1817. 
The truth of the case was, we never had negociated a peace 
with the outlawed Red Sticks. They refused to hecome ])ar- 
ties to the tieaty of Fort Jackson, and fled to Florida, where 
they were aiforded an asylum, and from whence they made 
frequent descents upon our frontiers, committing robhei-ies, 
murdering men and women, and staining tlie cratlle with the 
blood of the infant ! There were frequent complairits, to this 
effect, in the newspapers of Georgia, during that period; and 
if the facts of 350 scalps found at Mickasuky, and those deco- 
rating a red pole in the public square of Fowl Town, are ad- 
verted to, it would appear that the war with the Red Sticks 
and Seminoles was only a continuation of the war of 1812. 

Governor Mitchell informs us, in his aflidavit,(s) that, early 
in March, 1817, he resigned **the government of Georgia," 
and accepted the appointment of Indian Agent ! From his 
several communications, it cannot but he perceived what gra- 
dations of opinion arise from tlie various situations in which 
the most honest men may he placed. Mr. Mitchell was go- 
vernor of Georgia when the communication of the 5th of Fe- 
bruary, 1817, was made, in which he represents the conduct 
of the whites as peaceable, and that of the Indians as violent 
and outrageous. Early in March he resigns, and accepts an In- 
dian agency ! and on the 30th of the same month, and fi-om 
the same place, writes in language much less criminating in 
relation to the Indians, when lie observes that the British 
Agent is " charged with stimulating the Indians to their pre- 
sent hostile aspect." 

The majority of the committee say, *• it is difficult to de- 
termine, with certainty, who commenced those hostilities, or 

(r) Pres. Mess. 28tli Dec. 1818, page 39. 
(i) Mr. Lacock's Report, S. U. S, p. 35, 
8 



58 

on whom the greatest injuries were inflicted."(i) Mr. Mitchell 
remarks, *• the peace of tlie frontier of Geoi'gia has always 
been exposed and disturbed more or less, by acts of violence, 
committed as well by the whites as the Indians."(w) And 
furtlier: '• I believe the first outrage committed on the fron- 
tier of Georgia, after the treaty of Fort Jackson, w as by these 
banditti, who plundered a party of the Seminole Indians, on 
their way to Georgia for the purpose of trade, and killed one 
of them."(r) In this statement, the Indian agent appears to 
throw the whole blame, in the commencement of the war, on 
the citizens of the United States ! Surely it was nothing but 
fair, as well as his duty, to have made known to the govern- 
ment his opinion on this subject, when wiiting his letter of 
the 5th of February, 1817. He was then governor of Geor- 
gia; now Indian agent. Let the two letters and affidavit be 
compared, and it will be readily discovered how imperceptibly 
the feelings and sentiments of individuals will change, corres- 
ponding with a revolution in their condition. 

Complaints were made to the government, not only by Go- 
vernor Mitchell, but from many other sources, that the Indians 
were committing every injury and outrage upon our borders. 
No evidence can be found in the documents accompanying the 
President's two messages, relative to the plundering and mur- 
der of an Indian, mentioned by Mr. Mitchell as the cause of 
the massacre of Mrs. Garrett and her children, on the 24th of 
July, 1817. It is probable that tliis statement may be cor- 
rect; yet, in the calls which were made on the Executive, for 
protection, by the state of Georgia, no such apology was in- 
terposed; and, consequently, the President is not responsible 
on the ground that he possessed that information. 

It is really difficult to conceive why the causes of the war 
were adveited to at all by a majority of the Senate's commit- 
tee. Though expected to operate unfavorably to the Execu- 
tive branch of the government, yet a moment's reflection 
would have satisfied them that no such effect could be pro- 
duced, inasmuch as the Congiess of the United States had 
given their verdict of approbation, by adopting the resolution 
of Mr. Cobb, providing men and money for the prosecution 
of the war, in the spring of 1818. Then was the time to 
have enrpiired who was responsible for the commencement of 
hostilities; and if the fault had attached to the citizens of 
Georgia, a peace might have been obtained by making, in the 
first place, an adequate reparation to the Indians. But, af- 
ter the course of the Executive was clearly understood and 

(«) p. ?. (m) p. 34. (y) p. 35. 



5« 

approved by Congress, it seems pussinj^ stranc^e that a ma- 
jority of the committee should have insinuated any censure, 
either against liim or his commanding generals; ])articuhir- 
ly when no instance is to be found on record where such a 
measure was adopted in relation to any of the Indian wars 
in wliich we have been engaged. 

The law regulating our intercourse with the Indians(w) 
provides a peaceable mode by wliich justice shall be done 
them for injuries committed on their persons and property. 
In that mode they should seek reparation; but, instead of do- 
ing so, their practice has been, to take the means of redress 
into their own hands, by robberies, and the indiscriminate 
murder of men, women, and children! When affairs leach 
this extremity, and the Executive is called on for pi'otection, 
not only by Congress, but the defenceless frontier, what step 
should have been taken? Most evidently the one which was 
adopted. By the constitution and laws of his countiy, he 
was officially bound to put an effectual termination to a state 
of things so dangerous and distressing. 

The Indians, who are savage and impatient, impetuous 
and warlike in their habits, not only refused to await the or- 
dinary course of justice for redress, but they woukl not, on 
their part, comply with any demajul for reparation, agreeably 
to the provisions of the intercourse law between them and the 
citizens of the United States. Our innocent and unoffending 
citizens had been butchered in the most shocking manner. — 
Mrs. Garrett and family, as well as Lieutenant Scott and his 
unfortunate companions, had been massacred. War existed 
with the Seminoles; and, like every other war, and agreeably 
to its savage character, the "/to7ior of the United States" re- 
quired that it " should be terminated speedily for hostilities 
so unprovoked."(a;) And, again, orders were issued, '* di- 
recting the war to be carried on wilhin the limits of Florida, 
should it be necessary to its speedy and effectual tcrmina- 
tion."(7/) Whether the w ar was rightfully commenced on our 
part, or not, was not a matter of consideration for the com- 
manding generals. As subordinate officers of the Executive, 
they were vested with no discretion or power of judging rela- 
tive to its necessity or expediency. Their whole duty consisted 
in a strict obedience to the ordeis directed to them by their 
superiors. 

General Gaines had been placed on the soutliern fi'ontiei- 
for the purpose of preserving peace with the Indians, if it 
could be effected agreeably to the import and intention of the 

(w) Act of Confess, 1802, ch. 13. 
(x) Appendix. Letter from Secretary of War, 16th Jan. 1818. {y) lb. 



60 



intercourse law,(a) and to repel invasion, under the orders 
and direction of the President. Like General Jackson, he has 
been reared on the soil of Tennessee; and it is believed that 
few states or nations can boast of a more meritorious and pa- 
triotic officer. He has been educated to arms from his youth; 
has fought and bled in defence of his country's rights, and 
there is none more scrupulously observant of the orders of his 
superiors. He is at present at his post on the southern fron- 
tier; and the writer has no means of procuring an inspection 
of many of the orders under whicli he acted, as well as several 
of his communications with the General Government. It is 
evident, that some of those papers have not hitherto been pub- 
lished amongst the Documents, as may be discovered by any 
one who will give them a careful perusal. 

In one of his letters to the Secretary of War, Gejieral 
Gaines says : " I felt myself fully authorised to adopt the 
only measures whicii long experience has pioven to be ade- 
quate to put a stop to their outrages;"(a) and again : " The 
steps I have taken are known to the Department of IFar.'* The 
nature of these measures can be ascertained by the observa- 
tions of the Secretary of War,(ft) in a communication to Gen- 
eral Gaines: — *• I have the honor to acknowledge the receipt 
of your letter of the 1st instaHt,(c) covering a copy of a reply 
which was made by ten of the Seminole towns, to the demand 
made by you on them for the surrender of the murderers of some 
of our citizens."(d) The Indians refused to comply with this 
demand. (c) and General Gaines was authorised, at his discre- 
tion, to remove those of them who were still remaining on the 
lands which they had ceded to the United States. 

In the exercise of the above discretion, (and we have no right 
to suppose but that there was an honest exercise of it,) General 
Gaines ordered Major Twiggs to FowlTown.(/) This af- 
fair is certainly far from being fully and correctly stated in the 
report to the Senate, and recpiires considerable correction. 

In a " Concise Narrative, published by an officer attached 
to the expedition," it is stated, that, soon after the evacuation 
of Fort Scott, and the concentration of the regular forces at 
Fort Montgomery, agreeably to an order from the Secretary 
of War, information ^ as received from Governor Mitchell, as 
almost from eveiy other quailer, that the savages of Florida 

■ (=) Act of Congress, 1802, ch. 13. 
(a) Dec. 15th, 1817, Doc. Pres. Mess. 2d Dec. 1818, p. 12. 
(6) Oct. 30th, 1817. Pres. Mess. 2d Dec. 1818, p. 33. 
(c) Not found among'st the Documents, {d) '.ct of Congress, 1802, ch. 13. 
(e) Mr. Lacock's Report, p. 2. . (/) lb. 



61 



>Vere making irregular incursions upon our frontier; com- 
mitting murders and depredations of every description, and 
that amongst the sufferers were Mrs. Garrett and her cliildren. 
A party of hostile warriors had entered Fort Scott; three 
houses were consumed, and Periyman, the friendly cliief, who 
had been left to take care of the buildings, was grossly abus- 
ed, and plundered of every article of value. The lives of 
the settlers on the lands ceded by the treaty of Fort Jackson 
were threatened, and information was communicated through 
letters from Hambly and Doyle; {g) that the Indians, instiga- 
ted by Arbuthnot, were embodying on the Appalachicola, with 
hostile intentions against the frontier settlements. 

These facts induced the re-occupation of Fort Scott, to 
which place, the different chiefs of the Seminole towns were 
invited by General Gaines to listen to a friendly talk from the 
President of the United States. Tiiis invitation was rejected 
from a settled spirit of hostility, evinced by all the chiefs, 
amongst whom was that of Fowl Town. He represented Flint 
River as his territorial boundary, and tlireatened violence if 
the Americans attempted to ci'oss it; that he was commanded 
by the Great Spirit to defend that soil, and tliathe should do 
so at every hazard. The murderers who had been demand- 
ed to be surrendered by our government, he justified, on the 
score of retaliation, for the pretended murder of his I'ed bre- 
thren, for three of wliom no atonement had been made. On 
the arrival of t!»e first Brigade on Flint River, for the re-oc- 
cupation of Fort Scott, a second I'unner was despatched by 
General Gaines to invite the chief of Fowl Town to a friend- 
ly interview. Tliis was particularly desirable, as his war- 
riors had committed the principal depredations on our bor- 
ders; but the overture was promptly I'ejccted, and he stated,, 
** that he had said all he liad to say to the Americans." (//) 

The talk which General Gaines sent to the Seminole towns 
from Fort Scott was ti-ansmitted, with his letter, to the Go- 
vernment, under date of 2d December, 1817. (?) In this 
talk, he tells the Indians that they had refused to surrender 
the murderers, and that the President had authorized the mili- 
tary to arrest them; {;j) that lie *' had long known we had ene- 
mies East of this [Flint] river,'* and that he likew ise knew 
we had friends; »* but they are so mixed together, we cannot 
always distinguish one from the other." He then advises the 
friendly Indians to make themselves known, and use their best 

(ff) Pres. Mess. 28lh Dec. 1818, p. 118. (h) Narratire, p. 12, 13, 14. 
(.?■) ^ct of Congress, 180C', ch, 1.). (/) Doc, 2d Dec. 1818, p. 7, 9. 



62 



effort;* to prevent outrages, by separating themselves from our 
enemies, agreeably to the orders and wishes of the President. 
In order to ascertain their disposition upon these subjects. 
General Gaines had repeatedly solicited a conference with the 
Chief of Fowl Town, which he obstinately refused, though 
he resided only 14 miles from Fort Scott, where the former 
was stationed. As the town of which lie was chief was situ- 
ated immediately in his neighborhood, it was important that 
the disposition of its warriors should be distinctly understood, 
and, if possible, be conciliated. 

After this refusal or evasion to confer, affording evidence 
of hostility. General Gaines ordered Maj. Twiggs, with a 
party of men, to go to the town, and, in the first place, to use 
the gentle means of persuasion, in order to induce him to a 
conference; but if tliat coui'se did not succeed, he was direct- 
ed to arrest and bring him forcibly to Fort Scott. His or- 
ders were not to fire on the town, unless they fired on him. — 
The fact was, the Indians Jired firsts and retreated to the 
woods. It is believed evidence of these facts, if search is 
made, can be found on file in the War Office, in the communi- 
cations of General Gaines to that Department. 

Under the circumstances which existed at the commence- 
ment of this war, neither the Executive nor General Gaines 
was censurable — particularly the latter, inasmuch as it is ad- 
mitted in the Report to the Senate, that he acted in conformi- 
ty with his orders. There was, both before, and at the time 
of Maj. Twiggs's visit to Fowl Town, sufficient evidence of 
the hostility of those Indians. In a letter of George Perry- 
man to Lt. Sands, dated 24th of February, 1817, it is stated, 
that there were seen at that place mamj horses^ hogs^ and 
cattlCf tohich were stolen from the State of Georgia, and that 
such outrages had been frequently repeated.(fe) About the 
£d of April, 1818, there was found in the public square of that 
town a red pole, barbarously decorated with the scalps of both 
sexes f which had been taken at different periods preceding.'.' (l) 
There was also discovered, amongst the articles belonging to 
the chief, a British uniform coat, with a pair of gold epau- 
lets, and a certificate signed by a British Captain of Marines, 
** Robert White, in the absence of Col. Nichols," stating that 
the chief had always been a true and faithfnlfnend to the Bri- 
tish, (m) They were no doubt greatly disaffected at the time 

(k) Pres. Mess. 28th Dec. 1818, p. 118, 171. 

(Z) Pres. Mess. 28th Dec. 1818, p. 83. Also a statement by Hambly and 
Doyle, p. 108. 
t"0 Pres. Mess. 28th Dec. 1818, p. 174: 



63 

Major Twiggs made his visit to the town, hut were afraid to 
give any open indications of hostility. It was tliis fear tliat 
induced them to counterfeit appearances of friendship, thereby 
securing a convenient asyhnn, from whence to issue williout 
discovery, to satiate their ferocity with blood and plunder; 
after which, they would take flight to some remote town or 
fastness foi* shelter and security. 

The Indian agent informs iis,{n) that the chief of Fowl 
Town made a friendly talk in July; that he was advised of it 
on tlie last of August, and intended to send for this and two 
other chiefs; who must have been suspected, in consequence of 
theii' not having attended the desired conference of the agent 
at Fort Hawkins. Before he could have an opportunity of 
seeing the chiefs, Maj. Twiggs, he states, made his visit to the 
towTi; and this affair, he says, " was, I conceive, the imme- 
diate cause of the Seminole war." (o) It is here worthy of 
remark, that the iieport to the Senate, as well as the docu- 
ments annexed, are barren of dates, and therefore the precise 
time at which the affair at Fowl Town transpired cannot be 
ceitainly ascei'tained; but, from the letter of the Secretary of 
War, {p) acknowledging the receipt of information relative to 
that transaction, it must have been about the 20th of No\ em- 
ber, 1817. The Honorable Secretary, whilst he regrets the 
necessity of the effusion of blood, hopes, " that prompt mea- 
sures, and the display of such an efficient force in that quar- 
ter, w ill induce the Indians to abstain fiom fui-ther depreda- 
tions, and to sue for peace." 

But to return to Mr. Mitchell's conception of the cause of 
the Seminole w ar. It is believed that a much more connect 
view was taken of this subject whilst Governor of Georgia, 
particularly, when speaking of a British agent, in his letter 
of the 5th February, {q) before the visit to Fowl Town had 
been made, and in which he informs us, that the Indians had 
mortally wounded one of our dti%ens! 

Before dismissing that part of the report to the Senate, 
relative to the conduct of the Executive and his oflicers in the 
commencement of the war, and tlie affair of Fowl Town, it 
is proper to remark upon the phraseology adopted by a ma- 
jority of the committee, in describing the second excursion of 
our troops to the to^vn abovementioned, under the command 
of Captain M'Intosh. The language used in the report is 
as follows: — '* A second visit to the same village, as he 

(ji) Mr Lacock's Report, to S. U. S. p. 35. (o) lb. p. 35. 
(/)) 9th December, 1817, Pres. Mess. 2d Dec, 1818, p. 36. 
(<}) Mr. Lacock's Report to S. U. S. p. 32. 



64 



states,'* (meaning M'lntosh,) "' for the purpose of obtaining 
property." {r) 

From the character of the phraseology liere employed it 
might be understood by some that the detachment under cap- 
tain M'Intosh was a lawless, predatory, and plundering par- 
ty. General Gaines was in command on that occasion, and I 
know him to be too cori-ect and honorable a man to set on foot 
an expedition merely for the sake of plunder. Nor does the 
witness. Captain M'Intosh, say so. His expressions are: — 
" corn, cattle, and other provisions, I have no hesitancy in 
saying, was the object of this visit." (s) It has already been 
I'emarked, that this town had acted with hostility towards the 
United States, by well grounded imputations of murdei's; by 
refusing a conference, or coming to any kind of explanation, 
and by actually firing on our troops when on a visit to that 
place! On the second visit, as it is termed, they were known 
to be inimical; and as our troops at Fort Scott were in want 
of provisions for subsistence, it surely will not be denied that 
we had a right to take them from our enemies. 

It is insinuated in the 1st and 2d pages of the Report to the 
Senate, that censure attaches somew here for the withdrawal 
of the regular forces fiom the posts on the Georgia frontier, 
and concentrating them at Fort Montgomery, on the Alabama 
river, a considerable distance west of the Georgia line. 
The majority of the committee are to be iufoi*med that this 
was done conformably to instructions from the Secretary of 
War, (/) given under expectations of troubles from another 
quarter. If any blame can attach on this ground, it is attribu- 
table to the TV ar Department, and not to the commanding 
General, who, in making that disposition of his troops, was 
gOA'erned by the orders of his superiors. 

The orders issued to the commanding general from the War 
Depai'tment were entirely discretionary. They dii'ected him 
to take the necessary measures to terminate the war, speedily 
and successfully, with exemplary punishment for unprovoked 
hostilities, and to establish a peace on conditions that would 
be honorable and permanent, and such as were required by the 
honor and interest of the country.(tt) They gave an estimate 
of the strength of the enemy, upon the conjecture of genei-al 
Gaines, and authoiized general Jackson to call on the govern- 
ors of the adjacent states for such additional military force as 
he might deem necessary to beat the enemy,{v) 

(r) lb. p. 2. (s) lb, p. 30. 

(0 Letters from Secretary of War, Sept. 22d, and October 2d, 1816. Ap- 
pendix, No. 31, 32. 

(m) Appendix, No. 1, 2, 3, If, 18, (v) Appendix, No. 1 and 4, 



65 



The order of the Secretary of War, calling general Jackson 
to the command of the Southern Division, was received hv him 
at Nashville, on the 11th of January, 1818;(w) wlien lie ap- 
pealed to the patriotism of the militia who had sei-ved with him in 
former campaigns, requesting them to take up ai-njs in defence 
of their country.(a*) At that moment the regular force, under 
the command of major Muhlenhurgh, which liad attem])ted to 
ascend the Appalachicola river, immediately after the hutchery 
of lieutenant Scott and party, was in imminent danger of be- 
ing destroyed by the ovei'whelming number of the enemy by 
which it was surrounded. (7/) No time was theivfore to be lost 
in affoi'ding the desired relief. Oti the very same day on wldch 
the order arrived^ general Jackson accordingly wrote in haste 
to the governor of Tennessee,(x) informing him of the appeal 
he had made to his old comrades in arms, requesting them to 
follow him immctliately into the field;(fl) which measure I'e- 
ceivcd the governor's hearty approval and co-operation. (6) 
At this time the governor was at ICnoocville, at least two /i/t?i- 
dred miles frmn Jsi\ishvUle,{c) althnui^h he is stsited in the Re- 
port to the Senate, page 2d, to have been at the place last 
mentioned. 

It is tlie manner, however, in which those troops w ere rais- 
ed, and the officers appointed, tliat forms the most promi- 
nent subject for censure hy a majority of the Senate's com- 
mittee; and, in their animadversions, they accuse general 
Gaines of having acced "without orders," and genei'al Jack- 
son "in disregaj'^ of positive orders, the constitution and 
la\vs."(</) 

The serioi-'!^ nature of these charges, by the high authority 
from whicl* they emanated, not only against the two com- 
manding- generals, but also the Executive and his Minister of 
War. renders it necessary to examine them on the ground of 
faciei which really existed, with tliat freedom and decorum 
vhich becomes the citizens of a free country, sensible of the 
blessings of security and independence, arising from the 
guarantee of their laws and constitution. 

The writer feels confident of proving, to an impartial pub- 
lic, that these charges are entirely destitute of foundation; 
that the manner in which the troops were raised and officered 
was neither without orders, nor contrary to orders; nor in 
violation of the constitution and laws^ but with the express 

(w) Appendix, No. 5. (a-) ib. No. 6. 

(y) ib. No. 22. (2) ib. No. 5. 

(a) ib. No. 5, 8, (6) ib. No. 27. 

(c) ib. No. 26, 27. (rf) Mr. Lacock's Kep. S. U. S. p. 3. 
9 



6b I 

approbation of the Executive, throuj2:I» his minister of war. 
Finally, tliat the course adopted was the only legal and effec- 
tual one in times of eniei'gency, and that the governor, in af- 
f»«rding- liis approbation, must have been actuated by the purest 
pi'inciples of patiiotism; by a strict I'egaid to usage in such 
cases; to the constitution and laws. 

Although the author is witliout any opportunity of commu- 
nicating with general Gaines, so as to enable him to see the or- 
ders under which he acted, enough is to be discovered from tlie 
voluminous documents alieady published, to convince any 
reasonable mind that the accusation against him, relative to 
the employment of the friendly Creeks in the military service 
of the United States, is unfounded, and that it was done w ith 
the knowledge and approbation of the War Department. 
Tliere can be no doubt but that he had express orders, which 
can be found upon an examination of the archives of that of- 
fice. 

At the time at whicli the appeal Avas made to the citizens 
of West Tennessee, the frontier settlements were encompassed 
by every danger and distress,(e) as well as our troops on the 
Appalachicola. Major Muhlenburgl), witli his regular force, 
had been endeavoring to ascend that river witli provisions, &c. 
and was at last arrested in his progress and surrounded by 
800 or 1200 Indians.(/) In the lettev, with its enclosure, of 
colonel Arbuckle, commandant at Fort Scott, is described their 
distress for supplies. He likewise states, that major Muh- 
lenburgh had been attacked from both sides t^f the river, two 
of his men killed, and the balance stopped on tii^ir route, "as 
it is impossible," says the Major, "for us to carry -^ut a warp, 
as a man cannot shew himself above the bulw ark w'rfhout be- 
ing fired on. "(f) Colonel Arbuckle tlien proceeds u stiite, nj 
that "the pi'esent w ar w ith these Indians 7vill require a nuchi4 
greater force than ivas contemplated to bring it to a favorable 
conclusion." 

All this information was transmitted to the Department of 
W^ar; (/i) particularly the account of tlie massacre of Lieut. 
Scott and his detachment, in viwliition <f every principle of hu- 
manity, and derogatory to those rights vvhjch the United 
States should preserve inviolate, in her i elatior.s with every 
portion of the globe. The very same day on which the Presi- 

(e) Appenlix, No 19, 20, 21. 

(/) President's Message, 2d December, 1818, p. 14. Colonel Arbuckle to 
General Gair.es, 20th Dec, 1817. 
(ff) Appendix, No. 19. 
(//) Pres. Message, 2d Dec. 1818, from p. 7 to 19. 



67 



dent received this afflicting intelligence, (i) he issued his orde;- 
to General Jackson to take command of the Southern Division, 
and to put a speedy and effectual termination to a state of hos- 
tilities so distressing, unprovoked, and expensive to the United 
States. He authorized the commanding General, who was 
near the seat of war, to adopt all lawful measures which he 
might deem necessary to secure an honorable and permanent 
peace."(A:) 

In a letter of General Gaines to the Secretary of War, he 
ohserves, that the steps he had taken to defend the frontier were 
known to that Department. {I) Mr. Mitchell, in his atiida\ it, 
(to) says, that, as early as July, 1817, the friendly Indians 
tendered their services to the general government, and that 
** all these proceedings were commnnicated to the War Depart- 
ment from time to time;'* and immediately after the 9th of Ja- 
nuary, 1818, all that made a tender of their services were en- 
rolled and mustered by Col. Brearly, a regular olhcer of the 
United States' army. 

From an examination of the documents, it must be readily 
perceived, that a desire existed to procure the aid of these In- 
dians as early as the 2d December, 1817. {n) The war had 
assumed a serious aspect, in consequence of the defeat of Lieut. 
Scott's detachment. Aid was requii'ed from every quarter, in 
order to save the lives of our troops, as well as those of our 
citizens on the frontier. Under such circumstances, there was 
no time for delay. Besides, the government, in all previous 
wars, had sanctioned the practice of employing friendly In- 
dians, upon the most evident and correct principles. Such 
a measure is calculated to present their uniting with our ene- 
mies, the hostile Indians; which would almost certainly be the 
case, owing to their desire and impatience for war. By thus 
employing them, it also tends to ameliorate theii* condition, 
increasing and confirming their attachment to the whites, 
and to the mild and christian usages of civilized warfare. 
Upon these principles, but particularly owing to the prompti- 
tude with which they can be raised, as well as their eificiency 
in a woodland and wilderness country, were the friendly In- 
dians employed on the present occasion, as well as on our 
Northern and Southern borders, during the last British war, 
with the approbation of every branch of the government. 

(i) Mr. Tallmadge's speech, p, 11. 

{h) Appendix, No. 1, 2,3, Mr Cobb's resolution in Congress, April, 1818, 
and the President's Mess, on which it was bottomed. 
(0 Pres. Mess. 2d Dec. 1818. p. 7, 12. 
(to) Mr. Lacock's Report, S. U. S. p. 36, 37. 
(ra) Pres. Message, 2d Dec. 1818, p. 8, also p. 14, 20th Dec. 1817. 



68 

How General Gaines could have mustered those Indians 
into the service of the United States without orders, it is diffi- 
cult to conceive, when Mr. Mitchell tells us, that tlie govern- 
ment was acquainted with the whole proceedings. General 
Gaines makes a similar statement, and there is no doubt but 
that the Indians were ordered to be paid, and were actually 
paid, under the direction of the War Department — furnishing 
evidence conclusive, of itself, tlmt General Gaines acted in con- 
formity with the orders of the Executive. 

Whether General Gaines appointed tlie Indian officers, or 
not, is unknown to the author; but he entertains a confident 
belief, that he did not, as the Indians have invariably reserv- 
ed the exercise of that privilege to themselves. General 
Gaines did not, I am satisfied, attempt to innovate upon their 
favorite custom — ^for the best of all possible reasons, that the 
Indians were infinitely better acquainted witli the qualifica- 
tions of those in whom they c ould repose confidence, than he 
possibly could have been. 

It is a fact, well known, that M'Intosh had a Brigadier Ge- 
neral's commission from|the General Government, and it is to 
be presumed that General Gaines manifested no disposition 
to oppose its authority. General Jackson was vested with a 
similar power to employ the Cherokees in our service,(o) 
which fully illustrates the policy of tlie United States in cases 
of this description. General Gaines is known to be a correct 
military man, and it cannot be believed, from the evidence to 
which we have adverted, and which is before the world, that 
he acted without orders fi'om his superiors. 

I shall now return to the accusation against General Jack- 
son. 

In the letter which he addressed to tlie Governor of Ten- 
nessee, at Knoxville, the same day on which he received his or- 
ders from the War Department, {j)) soliciting his approbation of 
the measure that was adopted for raising the 1000 volunteers, 
he stated, that if they could not be obtained, he should be 
compelled to call on him for a like number of drafted militia. 
In conformity with his usual accuracy and promptitude in mi- 
litary affaii-s, on the two next days after the receipt of those 
orders, and after making his appeal,(</) he writes to the 
Secretary of War, stating the nature of the steps he had tak- 
en; and that the result of his appeal to the patriotism of 
West Tennessee would be known by the 19th of the 
month.(r) 

(o) Appendix, No. 33. (/>) Appendix, No. 5. (y) Appendix, No. 6. 
(?•) lb. 4, 7. 



69 



In this appeal, or circular, to the officers who had sen^d 
with him in the late war. General Jackson tells tliein, that 
** the grade of the officers to he determined by thnnselves, or 
the j)tatoon officers of the regiment^ and the officers raising 
companies, to cmnmand them.^\s) These brave men met at 
Nashville on the 19th, pursuant to the invitation, when Ge- 
neral Jackson was present, and was requested to appoint the 
officei's. He promptly refused, and re])lied — •* agree among 
yourselves as to your officers.''^ He stated, that he would ap- 
point Col. A. P. Haj lie to lead them on to B'ort Scott, v. here 
he would himself take the command. The otricers compos- 
ing the meeting then agreed that Col. R. H. Dyer siiould 
command tlie first, and Colonel T. Williamson the second re- 
giment. It was also proposed, by the meeting, " that the 
men should be officered as organized in 1814, when they 
marched to Mobile, Pensacola, ar.d New Orleans." The 
other field officers were then agreed o)i by the meeting, and re- 
ported to General Jackson. He stated to them tlie number of 
oilicers on the peace establislnnent, '• and how the regiments 
were officered under that law." It was replied by the meet- 
ing, " that, by experience," they '* had found that horsemen 
required more othcers than footmen, on account of horsemen 
covering a much larger space." The answer of Gen. Jackson 
on this occasion, was, '• organize yourselves in a way that you 
may think proper; it will rest with the Government, (t) Tliis 
information is detailed in the certificate of Colonels Dyer and 
AVilliamson, two gentlemen of high standing in society , for 
bravery and patriotism, and who had served i>i that rank dur- 
ing the Creek war, at Mobile, Pensacola, and New Orleans. 

Colonel Hayne, Inspector Genei-al of tlie Southern Division 
of the regular army, was appointed by General Jackson to in- 
spect, muster, and lead those ti'oops from Fayette\ ille, the 
place of rendezvous, to Fort Scott, without aiiy specific di- 
rections.(it) Colonels Dyer and Williamson, after being ap- 
pointed by the meeting of officers, were addressed by General 
Jackson on the same day,(tj) when he directed them to march 
theiv " Volunteer Regiment of Mounted Chinmen{w) to Fay- 
ettCAille; to be there on the 31st instant, completely ai'ined and 
equippevl, to march for Fort Scott, in Georgia, for a six 
months' tour." 

General Jackson's health ^^as at this time greatly im- 
paired, and he was only aftbi-ded a few «lays to ai-range his 
affairs for the campaign. From this moment, he had nothing 

(s) Appendix, No. 6. 

(t) Appendix, No. 23. (m) lb. No. 10. (v) lb. No. 37. (w) lb. No. 36. 



TO 



further to say or do, in relation to the Volunteers, until he 
took the command of them in Florida. Colonel Hayne met^ 
them, ag'reeahly to oi-der, at Fayetteville, the place of ren- 
dezvous, where they appointed their suhaltern officers, and 
from whence lie led them to the seat of war. All his commu- 
nications on this subject, to General Jackson, the Secretary of 
War, the Adjutant and Inspector General, and from those offi- 
cers to him, are to be found in the Appendix, in numbers, from 
10 to 16, inclusive.(it-') 

The organization of the Volunteers at Fayetteville was 
conducted in the same manner as they repeatedly had been, 
during the last Creek and British war, aiul upon which they 
again insisted. With General Jackson, or the Inspector 
General ot the Soutliern Division, thei-e was then no choice 
or alternative. They were to be received, officered, and or- 
ganized, upon those pi'inciples to which they were accustom- 
ed, or tbe Government might not have been enabled to se- 
cuie their services at all. As Colonel Hayne, however, re- 
marks, there was gi'eat propriety in this organization, as 
horsemen, like cavalry, must have a greater number of officers 
to command them. 

Thus it appears, that the meeting at Nashville appointed 
the Jield officers of the two regiments, which was aftei-wai'ds 
acquiesced in ajid confirmed at the rendezvous at Fayette- 
ville; that Colonel Hayne, and not General Jackson, superin- 
tended the organization of the captains, subalterns, &c. and 
that in no part of the transaction did General Jackson or Co- 
lone! Hayne appoint a single officer, as stated by a majority 
of the Senate's committee, when they assert, '* officers were 
appointed to command this corps by Ihe General himself, or 
by other persons acting under his authority. "(t/) 

On tlie day after the meeting of the Volunteer officers at 
Nashville, General Jackson WTites to the Secretary of War; 
which, together with his letters of the 12th and 13th of the 
same month, furnished minute information as to the manner 
in which this corps was ]'aised.(ci) In his answers to these 
communications, the Secretary of War approved of the coui'se 
which liad been pursued;(a) in one of which he observes — 
*' I have tlje honor to acknow ledge the receipt of your letter of 
the 20th ult. and to acquaint you with the entii*e approbation 
of the Pi'esident of all the measures which you have adopted 
to terminate the rupture w ith the Indians." 

(x) Appendix, No. 10, 11, 12, 13, 14, 15, 16, 

(t/) Mr. Lacock's Report, S. U. S. p. 3. (z) Appendix, Nos. 4, 7, §. 

(fl) Appendix, No. 17, 18. 



71 

After Colonel Hayne bad superintended tlie organization 
of tlie Voiuntecrs at Fayetteville, and before tliey bad taken 
up tbe line of marcb, be writes a letter to tbe Secretary of 
War,(6) in wbicb be observes, tbat ** tbe Major General bad 
autborised tbe liebl officers to raise two regiments; and tbey 
brougbt to camp forty captains, of wbicb I could only receive 
twenty into service. To merge tbe lesser fractions into tbe 
greater, and tbus to amalgamate tbem into single companies, 
to cut down captains, to leave out subalterns, and yet to 
satisfy and secure to us all tbe men, bas been a very diffi- 
cult task indeed. To effiict tbese objects, I bave been obliged, 
in a number of cases, to give an additional Lieutenant and 
Cornet to tbe companies. Tbe Major General, in tbe first 
instance, agreed tbat eacb regiment sbould bave an axlditional 
Lieutenant Colonel and Major.(c) In fact, I bave been 
compelled to give tbat organization tbat was formerly bad in 
the Creek war. I would barely remark, tbat, on strict mili- 
tary pnnciples, mounted gunmen ougbt to bave an additional 
number of officers. It is certainly more difficult to command 
64 mounted gunmen tban 120 foot soldiers. I bave served 
in botb capacities, and bave found it so. In foreign service, 
too, it is usual to give cavalry an additional number of offi- 
cers. In order to reconcile jarring interests; to barmonize 
the conflicting elements of local partialities, and narrow- 
minded views, and not to lose sight of tlie great object of tbe 
campaign, there was left but one way to act. / do not hesi- 
tate to say, that one man of our present command is intnnsically 
worth more to the government than ten drafted militia.** 

Four days after this infoi'mation was comniMnicated to tbe 
Secretary of War, Colonel Hayne transmitted to Getieral 
Parker, the Adjutant and Inspector General, at the City of 
Washington, tbe muster-rolls of tbese volunteers, (</) who bave 
been long since mustered out of service, and paid off" by the 
orders of the General Government. 

Were it necessary, additional evidence could be adduced 
to shew bow unjust and unmerited lias been tbe crimination 
of this officer, as contained in the report of a majority of tbe 
Senate's committee.(e) 

Tbe Secretary of War, in answer to the above communi- 
eations of Colonel Hayne, states: " 1 have had the honor to 

(A) Appendix, No. 13. 

(c) This point was referred by General Jackson to the Government. — See 
Appendix, No. 23. 

(</) Appendix, No. 15. 

(e) Appemlix, No. 5*, 25. Capt. Gadsden's and Col. Haync's depositiojts; 



72 



receive your letter of the 9th, and that of the 15th instant. I 
have the pleasure of expressing to you my entire approba- 
tion of all the measures you have adopted to ensure a prompt 
movement of the patiiotic volunteers confided to your com- 
mand."(/) 

A majority of the committee say, that they ** have in vain 
sought for an excuse for the conunandiiig General."(^) They 
seem to haA e forgotten, that it is a dictate of law, justice, and 
humanity, that all men are presumed innocent until the con- 
trary appear by proof. Can it be possible tliat a majority of 
the committee were influenced by this benign maxim, and at 
the same time used due diligence to seek for evidence of jus- 
tification? There must have been an absence of one or the 
other. In the proper offices attached to the War Depart- 
ment were to be found tlie e\ idences detailed, so far as it 
was important for tlie committee to enquire. Colonel Hayne's 
communication, detailing the number of officers and privates, 
witli the entire approbation of the Secretary of War^ was on 
file in that office, to which the committee might have had ac- 
cess every hour of the day; and yet Me are told, by a majority 
of tliat body, that they sought in vain for an excuse for Gene- 
ral Jackson! 

It is admitted in tlie Report,(A) that the Secretary of War, 
in his letter of the 29th January, 1818, approbated the con- 
duct of the commanding general in raising these volunteers; 
but a majority of the committee say, "it is but justice to the 
Department to state, that it was not until the officers that had 
assisted in thus officering and organizing this corps, w ere ex- 
amined by the committee, that they were apprized of the ille- 
gality of the measure; for there is nothing to be found in gene- 
ral Jackson's letters on this subject to the Secretary of War, 
of the 12th, IStli, and 20th February, 1818,(i) from wliich it 
can be fairly inferred that he has appointed a single officer."( j ) 

The Secretary of Wai* was made acquainted with the num- 
ber and grade of both officers and men, by the letter transmit- 
ted to him by colonel Hayne, and by the return which was made 
by the same offif^er to the office of the Adjutant and Inspector Gen- 
ral. But the fact was, as has alieady been proved, that general 
Jackson did not appoint a single one of those ofiicers, of which 
a majority of the committee so loudly complain, as being an 
infringement of the constitution and laws. And here it may 

(/) Appendix, No. 16. 

{g) Mr. Lacock's rejiort, S. U. S. p. 4, 

(h) Mr. Lacock's Report, S. II. S. p 5. 

(/) January, no doubt, was intended, as there are no such letters, in Feb. 

(_/) Mr. Lacock's Report, S. U. S, p 5. 



73 



not be improper to enquire how the majority of the committee 
weredniwn into a mistake which should lia\c been av()i(h>(l by 
siicli of its members as had the management and coUection of 
the testimony. 

It appears, from the report,(A-) that Mr. Mitchell, the Indian 
agent, swore to his deposition on the 23d of February, the day 
before Mr. Lacock presented the Report, witli the accompany- 
ing documents, to the Senate. In page 34 of the Report, Mr. 
Mitchell observes that he was summoned before the committee 
to give evidence, and, after a verbal examination, certain ques- 
tions were propounded to him, which he quotes verbatim, and 
that he was required to answer them in writing. The fair pre- 
sumption is that the witness liad his own time, upon retii'ement, 
to respond to these interrogatories. 

To Mr. Lacock's Report there are six papers annexed, pur- 
porting to be the depositions of Mr. Mitchell, Indian agertt; 
John H. Eaton, a member of the Senate, and of the commit- 
tee; Richard K. Call, an aid of general Jackson; Doctor 
Bronaugh, assistant surgeon general and physician to the 
staff; colonel George Gibson, commissary general, and colonel 
Robert Butler, adjutant general of the Southern Division. 

The manner of taking and publishing what are called in the 
Report the depositions of the four last mentioned persons, de- 
serves the particular consideration of t!ie American people. 
Doctor Bronaugh's deposition is signed but not sworn to; 
colonel Butler's, colonel Gibson's, and captain Call's, are 
neither sworn to nor even signed ! The only two that can be 
denominated depositions by any one, are those of Mitchell and 
Eaton, to whom regular interrogatories were proposed,(i) de- 
liberately answered, and their signatures affixed in legal form. 
Jn these two depositions we perceive method, time, and deliber- 
ation to respond to them. In the other form, the very reverse of 
this procedure was adoptcd;(7») for these gentlemen, whose 
characters are beyond suspicion for honor and ijitegrity, de- 
clare on oath that they were questioned by the committee, {ver- 
bally as tlie wi'iter understands,) that t!ie answers were taken 
down by a member of that body, tlie contents frequently eras- 
ed or interlined, and that all four of them receiA ed a promise 
from him that they should be copied and again submitted to 
thetn for correction and signature. They also affirm that this 
promise was never complied with; and captain Call says he 

(k) Mr. Lacock's Report, S. U, S. p. 38. 

l() Com. Dig. Tit. Parliainent.L. 25. Witnesses are to be examined upon 
written mterrof^atories before committees. 
(h») Appendix, No 26, 29, 30, 38. 

10 



74 



called on tlie di airman, Mr. Lacock, for that purpose, who told 
him it sliould be done if the deposition were used; "that he 
remained five or six days in the city afterwards, during which 
time lie heard nothing* more from the chairman or his deposi- 
tion, neither did he know tliat liis statement had been applied 
to a'lv iTirpose until his return fi-om Philadelphia to Balti- 
more."(H) 

Tiie fact is, that the statements thus taken down in the hand 
writing of a member of tlie committee, upon verbal questions 
being proposed, have been published to the world as authentic 
documents ! ! No interrogatories were exhibited as in the 
taking of MitchelPs and Eaton's testimony, which afforded the 
witnesses time to refresh tbeir memories, and to collect and 
arrange their thoughts, as to facts, dates, and circumstances. 
Colonel Gibson, from his advanced age, was afforded an op- 
portunity of exhibiting a character as fair, high, and honora- 
ble, as any individual of his rank in any army. The other 
three witnesses were young gentlemen who belong to the staff 
of general Jackson. Surely the member of the committee 
ha\ ing the management of taking the depositions of these of- 
ficers could not for a moment have harbored the most distant 
suspicion of perjury. Their standing and reputation as men 
of honor in the ai-my forbid such an idea; and even were not 
this the case, the Executive and general Jackson had been re- 
cently acquitted of every charge of consequence, by a very 
large majority in the House of Representatives, and no oppo- 
sition was anticipated from the Senate, at that late period. 
There was therefoie no inducement to swerve from the truth, 
of wliich it is believed they were as incapable as any individu- 
als in the nation. 

>Vliy then, let me ask, were not interrogatories proposed, 
and time given to these ofticers to answer, as in the case of 
the other two witnesses? As their statements had not been ta- 
ken in this way, which was certainly the regular course, they 
should at least have been afforded time to examine them re- 
spectively, after being copied and corrected in the liand wri- 
ting of the witnesses, ami signed by themselves. Without 
adopting such a rule as this, the most upright man living 
would be subject to gross mistakes, and would commit errors; 
as did Col. Butler in relation to officering the volunteers, and 
the Governor of Tennessee being at Nashville instead of Knox- 
Tille. 

Until depositions are examined, corrected, and signed by 
the witnesses, they cannot be considered as evidence, befor« 

(n Appendix, No. 26, 29, 30, 38, 



iD 

any tribiinal.(o) Why those papers should be placexl amont^st 
the (locuincnts as any kind of" testimony, in their j)reseiit im- 
perfect state, seems almost nnaccountahle; and in vain has 
tiie author of these remarks "sou^^ht for an excuse'' for tlie 
member or members of the Committee who superintended the 
taking" of them, some of whom it is believed were lawyers! 

In no point of view* can these ])apers be received as evi- 
dence, or entitled to credence. A statement on oat)i is a 
matter of solemn concern to the rejuitation of the ])ci-son ma- 
king it, as well as all other individuals whose interests are 
involved. A full and fair ojiportunity should therefore be 
given to a w itness whose deposition is tiiken in writing; to 
consider the expressions; the meaniiig of every sentence; and, 
moreover, that, by such an examination, he may have time to 
correct, and make a full and complete exposition of facts, 
which he is obliged to do by the obligation of his oath. In 
the impartial administration of justice in all judicial tribu- 
nals, this is always the case, and, on such occasions, the ig- 
norant and uninformed are even cautioned, and invited to 
the adoption of this course. 

It seems difficult to conceive how the illegality of the state- 
ments of Butler, Gibson, Bronaugh, and Call, could have es- 
caped the notice of a majority of the Connnittee; an'} yet such 
appears to have been the fiict. It is still more di/Hcult to un- 
derstand how a majority of that body could t^iink of found- 
ing a i-eport of an important fact to the Senate, upon the 
statement of Colonel Butler, or any ot\m- man, before he had 
examined, corrected, and signed tha* statement. Had this 
been allowed, reflection and' correction must have produced 
tlieir desired effects, and a part of Colonel Butlei-'s deposition 
would have been amended, agreeably to notorious facts in Ten- 
nessee, viz: thattlie Ge^ernor was at Knoxville, and tiuit 
General Jackson dirJ not appoint a single officer of the volun- 
teer corps engagW in the Seminole w ar.(7>) 

In relatioii «> encpiiries into the official conduct of military 
officers, hy either branch of tiie National Legislature, it is 
surely of the highest concern to the liberty of tlie citizen, that 
some just, regular, and equitable mode of procedure should 

(o) In Hinde's Prac. Eq. p. 323, and 1 Pierre Williams, 414, it is laid down 
as law, that, "after the witness is fidlyexamined.tlie depositions are read over 
to I'.im, and the witness is at liberty to amend or alter any thin,<, after which 
he sig'ns them, and then, and not before, the examinaiiou is complete and 
good evidence," And as^ain, " where a witness dies after exaininatioii, but 
before such examuiation IS signed by him, the deposition cannot be made 
use of." 

(/)) Appendix, No. 10, 11, 12, 13, U, 15, 16, 23, 24, 25, 26. 



76 



be adopted, and adhered to upon all occasions. Upon an en- 
quiry by the House of Representatives of the United States 
into the failure of General St. Clair, in the campaign of 1791, 
this officer, together with General Knox, the Secretary of 
AVar, were both allowed seats in that body, and were permit- 
ted to summon and examine witnesses.(9) In this case, the 
Secretary of War was implicated in the censure, and he was 
therefore allowed, with the commanding General, to be pre- 
sent on the occasion. The result of the enquiry w as, that the 
censure fell upon the Secretary of War. 

In the case of General Wilkinson, there were several com- 
mittees, who proceeded by different rules, as their wliim, ca- 
price or judgment might suggest; but tliat of which Mr. Ba- 
con was chairman, in December, 1810, adopted a practice con- 
fo aab'y to judicial enquiries in analogous cases.(?*) General 
Wilkinson had notice to attend the sitting of the committee, 
in order to confront and cross-examine the w itnesses. 

It is said that General Jackson communicated to the com- 
mittee of the Senate his willingness to attend their sittings, 
for the purpose of furnisliing any document in his possession, 
or any explanations which might be desired. The practice 
had been adopted in the cases of St. Clair, Wilkinson, &c. 
andwh)^, let me ask, was it departed from in the case now 
before us? [s) It would ha^ e been mucli more consistent witU 
tli,c principlesQf natural justice, and the genius of our govern- 
ment, than an t>x parte investigation, deeply aifecting the 
reputation of a citizen and meritorious officer, and involving, 
in many cases, even lift itself. In this process, there is no op- 
portunity given for confronting the w itnesses face to face; to 
c: OS examine, or produce testimony to exculpate or justify 
the party accused. 

I w ould desire to be informed, wheve is the kindly feature 
of freedom in all this manner of proceeding, which can dis- 
tinguish it from the despotic coui'se that prevailed in the Star 
Chamber of England, during the most oppressive periods of 
its history, or a Spanish Juto da Fe, except that of bodily 
torture, which is inflicted by the latter? Inspired by a love 
of that liberty which the constitution and laws, either general 
or local, render sacred, I, for one, most solemnly protest 
against an ex parte procedure in the Senatorial branch of the 
government, having judicial powers, and involving an opin- 
es) 2d Wilkinson's Memoirs, p. 18. 
(r) Wilkinson's Memoirs, p. 23. and Appendix, CXXX. 
(«) 5 Com. Dig. Tit. Parliament, E. 14. 



77 



ion or charge of the commission of crimes or misdemeanors. 
If permitted, it must, in time, inevitably lead to tlie most 
dii'eful oppression of the best officers and citizens of our coun- 
try! {t) This branch of the government has legislative powers, 
it is true; but it is equally certain that they have judicial au- 
thority, and may be called on to exei'cise it, either in acquit- 
ting, condemning, or punishing, for the very same offences 
which had been submitted to their enquiry, and which they 
had previously prejudged! 

The American people are yet in their youth; and it is evi- 
dent we have no settled usage, forming the law and custom 
of Congress, as in the English Parliament, (n) relati\ e to 
legislative enquiries of this description. Under such circum- 
stances, it is essentially necessary, that a nation of freemen 
should see that such modes of proceeding are established in 
their various tribunals, in i-egard to accusations, as will se- 
cure the just and natural rights of the citizen. Until some 
rule shall be settled by usage, the committees of enquiry in our 
legislative bodies will have no guide or land marks, and the 
liberty of every individual must be eminently endangered. 

The report of a majority of the committee was not merely 
a statement of facts; and even had that been the case, it w as 
necessary to examine, w ith care, all the evidence that could 
be adduced, as well on the negative, as affirmative side of 
each proposition, so as to arrive at the ti'utli, with all possi- 
ble certainty. Had this mode been adopted, a member of the 
committee w ould have been spared the regret w Inch he ex- 
perienced, when told of the misstatement of facts contained in 
the report, (r) *' A depai'ture from these forms is calculated to 
inflict a wound on the national character, and tarnish'' the 
fame of those w ho drafted the report, and superintended the 
collection of the testimony. 

The majority of the committee say that " they would 
feel themselves wanting in their duty to the Senate, and the 
nation, if they did not express their decided disappi'obation 
of the conduct of the commanding generals, i)i the steps they 
took to raise and organize the force employed on this occa- 
sion. There was no law in existence that authorized even 
the President of the United States to i-aise or accept tlie ser- 
vices of volunteers." {w) 

In this proposition, the majority of the committee appear to 
have assumed it as a fact, that there never was any other 

(t) 5 Com. Dig. Tit. ParliameHt, L. 8. (ii) 5 Com. Dig. Tit. Parliament. 
{v) Appendix, No. 28. (xf) Mr. Lacock's report, S. U. S. p. 3. 



78 

mode by wliich the General Government could avail itself of 
the services of volunteers, but by the act of Congress, which 
expired in the year 1815. Nothing can be farther from the 
truth of the case, as a short enquiry will demonstrate. 

The State of Tennessee has laws of its own, providing for 
the employment of volunteei* militia; and it is presumed every 
state in the Union has legal provisions of a similar character. 
This arrangement results from the nature of man in civil 
society: for, so long as volunteers can be procured from 
the militia force of the country, it is contrary to tlie older of 
nature, as well as the feelings and wishes of the community, 
that the country should be piotected by the compulsive me- 
thod of drafting. Of what consequence is it to the United 
States, how tlie militia force, requiied from a state, is officeied 
and bi'ought mto the field? As to the appointment of the offi- 
cers, it is distinctly undei'stood to be a power reserved to the 
states, and is a matter entirely between the government of a 
state, and its own citizens. It is not a subject of concern to 
the general government; and tbey never will interfere in such 
cases, unless theie is a delinquency, or refusal to comply 
with the requisition. 

If volunteers can be raised, tliey are greatly to be prefer- 
red; because they are the most efficient troops, and most speed- 
ily brought into service. It is sufficient, however, if the 
quota demanded is forthcoming, agieeably to the requisition 
of the government. The United States lequire nothing more, 
and leave the mode of officering, and sending them into the 
field, to the State Sovereignties and Laws, in conformity 
w ith the constitution of the United States. If improper steps 
are adopted, Tennessee, as well as every other state in the 
Union, is competent to affi)rd redress for injuries growing out 
of the violation of her own constitution and laws. It is her 
peculiar province and duty to do so; and she, no doubt, pos- 
sesses a sufficient degree of intelligence and independence for 
the purpose, without the intei'position of the General Govern- 
ment. 

The President, through his agent. General Jackson, called 
on the state of Tennessee for 1000 men, with which to prose- 
cute the Seminole war. The case was urgent. Delay was 
pregnant with defeat and disaster. The Governor was 200 
miles from Nashville when the orders arrived. The General 
immediately beat up for volunteer militia; and instajitly 
wrote to the Governor for his approbation, whicli, in a few^ 
<lays, was obtained, as a matter of course; because, if success- 
ful, it avoided a recourse to the dilatory, perplexing, and com- 



79 

piilsive method of drafting. The lawf5 of the General Govern- 
ment liad ni)tliin.e; to do in this tran .action, as a majority of 
the committee seem to sup])ose. The laws of Tennessee af- 
forded the rnle, under which the p^eneral, and the governor of 
the state, acted, in bringing tliose troops into the field; and 
they strictly conformed with their provisions. 

The United States had the services of those volunteers, 
which was all that could he required of Tennessee; and, it is 
with an ill grace indeed that the General Government now 
complain, that they were not raised and organized agreeably 
to the laws of the state. Each state is entitled to tlie privi- 
lege of administering its own laws, and preserving the rights 
of its own citizens. If they fail in the accomplishment of 
these objects, it would then be time enough for the General 
Government, if solicited, to interpose its authority. 

It only then remains to be seen, whether the volunteers who 
served their country in the Seminole campaign were sent into 
the field agreeably to the militia laws of Tennessee; if so, the 
argument is at an end, and Gcnei'al Jaclvson stands ac(piitted 
of the high and w eighty charges of having " disregarded the 
positive orders of tlie Department of War, the constitution, 
and laws;"(.T) as well as the many severe and criminating ani- 
madversions founded upon it by a majority of the Senate's 
committee. 

By the law of nature, recognized in eA ery age, and in eve- 
ry society, any part of the militia are authojized to offer, ten- 
der, or volunteer their assistance, when the counti-y, of which 
they are citizens, is in need of their military senices, to assert 
its rights, or repel threatened injuries. This principle is the 
same with that of self-preservation in an individual; is the 
gift of God, and paramount to all others. It is frivolous to 
talk of a statute to authorize such a measure. No book is 
wanting to illustrate it; it is incorporated with oui- natui'e; 
can be seen, felt, and understood, by all classes of the hu- 
man race, who have a counti'y and a home. 

Tennessee acknowledges this sacred princij)le, and has 
provided, that, whoever becomes a volunteer foi* six months or 
more, shall have credit for a tour of duty, {y) in relation to 
future calls for military services. Having no standing force, 
every freeman, of proper age, belongs to the militia, which is 
divided into infantry and cavalry, (z,) Regimental and com- 
pany officers are chosen or elected by all those who bear 
arms in the regiment or company, (a) 

(x) Mr. Lacock's report, S. U. S. p. 3, (y) Act 1R15, ch. 118, sec. 72, 98. 
(=) Acts 1803, ch. 1, 1815, cli. 118. (a) Act 1815, ch. 118, sec. 91, 92. 



80 



The Governor, and, in case of emergency, the commandants 
of counties, are aiithoiized to call for the services of the mili- 
tia, reporting to the Governor for his approbation. (6) 

It is not disputed, but that it was proper for the President, 
through General Jackson, to call on the Governor for as ma- 
ny militia as weie required for the defence of the country. 

Nor, can it be contended, that the Governor did not author- 
ize the turning out of the volunteers, (c) He is vested with 
power, by law, to call for any part of the militia he may think 
proper, {d) 

Cavalj'y, or horsemen, when employed in service, shall be 
** considered, ruled, and regulated, as mounted gunmen." (e) 

The volunteers having assembled at Fayetteville, on the 
Slst of January, 1818, and arranged and elected their offi- 
cers as they thouglit proper, agi-eeably to the laws of Tennes- 
see, in wliich neither General Jackson Crvho was not nvitJnrt 
75 miles of the place J nor Colonel Hayne took any part, tliey 
marched to Florida, and served their country faithfully, 
without a complaint or murmur. 

During the late war with Great Britain the United States 
employed the same description of troops on the northern and 
southern frontiers; whose officers were elected by the soldiery, 
and who performed with alacrity the most eminent services for 
their country. The voUmteers who sei'ved undei* Governors 
Slielby and Edwards; Generals Harrison, and Porter, of New- 
York, wej-e raised and organized upon the same principles, as 
well as those who achieved the victories of Talledega, Emucfa, 
the Horse Shoe, and New-Orleans. They were paid out of 
the public treasury, received the approbation of the govern- 
ment, and the applause of the nation. it could not be other- 
wise. The militia of the United States is its bulwaik and se- 
curity. To large standing armies the people are justly av erse, 
as dangerous to liberty; and the government can only avail 
itself effectually of the militia ibrce of the country by volun- 
teers, for short periods of time, who retain tiieir characte; of 
militia when in the service of the United States, as pejiectiy 
as though they had been drafted. 

Drafts should, and always will be avoided, if possible; being 
a method of obtaining the military services of the citizen, whch 
is often attended with ruinous delay, vexation, disquietu.' e, 
and a uniform tendency to alienate tlie affections of tlie people 
from the government. Volunteers ai e a species of force moi-e 
congenial with the genius of our institutions, and they ought 

(i") Act 1815, sec, 10, 65. (c) Appein'ix, Vo. 27. 

(d) Act 1815, ch. 118, sec. 65. (e) Appendix, No. 36. 



81 



to iiavc, at least, the choice of tlicir own platoon ofTicers. TIjpv 
claim this rii:;ht. without the exercise ol" w iiirh tijeii* set•^ ice's 
cannot he secured; and to reluse it, wouhl only opcnit** to di- 
minish that ar(h)i", cheei'iuhiess, and ])atiiotisiu, upon which 
the American people pre-eminently rely in times of dilliculty 
and danger. 

But our surprise at tliis pari of the report to the Senate is 
far from heiuij; lessened, wlien we recollect it was notorious tliat 
the field officers of the Georgia militia, on the Seminole cani- 
j)aig'n, were actually appointed hy the])ri\ates themsehcs, on 
the west hank of the Oakmulgee. beyond the civil jurisdiction of 
that state, and without any complaint from the Congress of the 
United States. Besides, one of the Senators in C«)ngress (Col. 
Williams) had a complete opimrtiuiity of heingacquaiiited with 
the nature of militia \olunteer services; particularly in the 
^state of Tennessee, duiing the late war hetween the United 
States and England. 

Colonii JVilliams is a military man, and served his countiy 
during that war, not only as a volunteer, hut in the regular 
army. After the declaration of Avar, in the year 1812, he rais- 
ed a regiment of volunteers in East Tennessee. He, or his 
volunteer soldiery, appointed or elected all the officers of the 
regiment; and without any order or authority from the state or 
general goverinnent. They rendezvoused iji Tennessee; march- 
ed through the upper part of South Carolina aiid Georgia into 
the Seminole countiy, to meet and chastise this same horde of 
savages; who had commenced a predatory and muiderous war 
on the Georgia frontier. Though tliis volunteci' corps Avas 
neither authorized, officered, nor commissio)ied, hy the Gene- 
ral or State Government, yet the measuic was universally ap- 
prohated, their services accepted, and tlio men pai<l by the. 
United States. Colonel Williams, it is i>rol)ahIe, aj)pointed 
his own officers. It is certain, however, that his whole i)ro- 
ceedings were without authority, and that he was greatly aj)- 
plauded. So far as General Jackson operated, lie was invest- 
ed with ample powers, and yet, strange to tell, lie has been 
severely censured ! 

It is, however, said, that this horde of savages, negroes, 
&c. were too inconsidei-ahle i)i number to justify i-aising the 
force which was sent against them. Genei-al Gaines estimat- 
ed the force of the enemy at 2.80U,(/) and Arbutlniot, in a 
memorandum on the back of Iiis letter to Mr. Bagot,(^) stat- 
ed the number to be 3,500; a calculation by no means extrav- 

(/1 Mr. Lacock's Report, p. 2. (^) Pres. Mess. 28lh Dec. 1S18, p. 11'^ 
11 



82 



a.^^ant, when we recollect tliat from 800 to 1200 were concen- 
trated at one point, when Lieut. Scott w as attacked, on the 
SOth November, 1817, and that they were daily incrcasin2;.(/t) 
From the character of the Indians, we know that their whole 
force was not embodied at that place: and it is certainly one 
of the most estimable principles in military science, that we 
should not undei-rate the strength of our enemy, and always 
to avoid a conflict, unless success is secured by superiority of 
numbers. Miserable, indeed, would be the policy of any 
government tliat should not order a suflicient number of men 
into the field to ensure a victory over their enemies, especial- 
ly in a war with savages, wlio have no fear from superiority 
of munbers, unless they are made to feel the force of them.(i) 

Upon this basis did the Executive and his commanding' 
Generals proceed. The estimate was made upon strong 
gi'ounds of probability. No complaint had been made in the 
House of Representatives, oi* tlie nation, upon this subject, nor 
had the contrary been asserted, until the w ar was terminated; 
and then only upon the most vague conjecture, which has not 
the same probability for its suppoi't, as that upon which the 
opposing force of the United States was predicated. The 
fact was, tlie decisive and rapid movement of our overwhelm- 
ing numbers, had the effect of distracting and dis})ersing 
the enemy, so that they betook themselves to the woods and 
swamps, and never had an opportunity of exhibiting their 
w hole force by concentration. The consequence was, that the 
war was speedily and effectually terminated, and much blood 
and treasure saved to the nation. 

In the 9th page of Mr. Lacock's report, we find the fol- 
lowing remarks: — •• Spain, before she could become, or made 
a })arty to this w ar, must have merged her neuti-al character 
in tliat of the enemy, and clearly identified herself with the 
Seminole Indians, and, by acts of open and nndisguised hosti- 
lilif to General Jackson, have opposed him by pkysical, not 
moral, force." 

As a sovereign power, Spain never considered herself a 
party to this war; nor was it so intended by the Government 
of the United States. It was commenced in self-defence 
against the negroes and Indians, upon the broad principles of 
the law of nature and of nations. Altliough the Spanish autho- 
rities in Florida were identified w ith our enemies, the sove- 
reignty of Spain was believed to be altogether ideal. In 
consequence of the acknowledgment of her commandants, 

{h) Pres. Mess. 28th Dec. 1818, p. 14. Letter from Colonel ArbucUe to 
G.euei'al Gaines. (/) lb, p. 12, 



83 

that they were unable <o maintain their authority, and that 
the Indian chiefs and British emissaries were prcx eediiii^ con- 
trary to tlieir wislies, and in violation of their la\vs, we en- 
tered lier territoiy, for the purjiose of giving peace and se- 
curity to our frontici's, and chastising the common enemies of 
both nations, (fe) 

The Spanisli minister, ^Ir. Dc Onis, did not presume to 
dispute the principles of t])e law of natioiis as applicable to 
our operations in B'loi'ida, but relied principally on the deni- 
al of tiie facts, in relation to the participation or connivance 
of the Spanish authorities in that province. Insisting, howe- 
ver, that if it were tlie case, redrcss(i) should have been sought 
of the King of Spain. 

These officers and fortresses had been too long in the ha- 
bit of furnishing an asylum for the negroes and Indians, ei- 
ther from connivance or weakness.(TO) In vain has this en- 
quii'y been instituted, if I have not long since estal)lished, 
beyond the reach of question, that they av ere guilty of ma?>y 
** open and undisgnised acts of hostilitif^ against us, by aid- 
ing, abettijig, and encouraging our savage enemies in their bar- 
barous hostilities ujion our frontiers. When our army was 
in the field, it was tlien too late to I'etlre from the country'., 
\vhere, alone, we met witli the pi'incipal resistance, atul retuin 
home without doing any thing effectual, and suffer the In- 
dians and negroes to scalp and tomahawk our citizens, until 
we could hear from the couit of Madi-id. We had already, 
too often, received empty messages from Spain, relative to 
the numerous spoliations committed on our commerce, ike. 
Besides, Gen. Jackson's orders prescribed a different course. 
At one decisive blow, he pi'ostrated both the enemies of Spain 
and the United States; and, instead of being a subject of com- 
plaint, he richly merits the thanks and gratitude of both na- 
tions. 

The report of Mr. Lacock admits that Spain was guilty of 
violations wbich were good causes of war, and yet denies that 
her neutral character was merged in, and identified w ith, that 

(fr ) Sec GeneralJacksnn's communications witli the commandants of St> 
Marks and Pensacola, and liis order to occiip)' St Aucjusline. 

{l) See the Spanish Minister's letter to the Secreturv of State, 5th Aug- 
ust, 1817. 

(7n) In the President's Message, 28th Dec. 1818, from page 48 to 74, may 
be seen how greatly the United States suffered, not only from the aid and 
assistance given tlie Indians hy tlie Spanisli commandants in Florida, biil' 
from foreign agents and negroes; and this, too, in many cases, subsequent, 
to the treaty of Fort Jackson. It may also be discovered how earnestly and 
])atiently we remonstrated with the Spanish autiiorities, as well as with tl>« 
.British government, who disavowed the acts of Col. Nichols. 



84 



oi' the enemy. This is almost as unintciligihle as the distinc- 
tion attcip.pted to be di'awii between plujsual and moral force. 
Had the acts of Spain been entirely insulated and unconnected^ 
V, ith Indian hostilities, a declaration of wai' in form would 
have been the proper course, upon the S])anish goverinnent 
failii^o; to make us reparation, and provided those acts did not 
tonstitate invasion; which the Executive is bound to repel, by 
the constitution. But, as the parties were *' associates, and 
could not be separated in the transaction, inasmuch as the war 
was lcg(d in its commencement, all the incidental measui'es 
necessary to its termination followed of course, as entirely 
proper and justifiable, it was to have been expected, that 
the luminous exposition of this subject, not only in the House 
of Representatives, but in the conclusive reasoning- of our first 
IVJinister of State^(») had not left a loop upon which to hang" a 
doubt. 

The majority of the^enate's committee say — " the w eak- 
ness of the Spanisii airaiorities is urged in justification of this 
outrage upon our constitution. "(o) I flatter myself it has 
been already demonstrated, in the preceding pages, that tlie 
constitution w as not violated. Nor has it in any instance been 
asserted by the Executive, through his Secretaries of State, 
of War, 01' by his commanding Generals, that the mere weak- 
ness of Spain was a justification of our operations in Florida, 
as stated by a majority of the committee. But weakness in a 
neighboring power is no leason why the United States should 
compromit or abandon her right of self-defence. Indeed, the 
law of nations authorises ns to adopt every necessary measure 
to prevent our enemies from taking advantage of that weak- 
ness in time of war. It even justifies our anticipating them, 
without a breach of neutrality, or declaration of war. *• The 
duty of this government," says the Secretary of State, ** to 
protect the persons and pioperty of our lellow citizens on the 
borders of the United States, , is imperative^ it must be dis- 
cliarged." 

As we were not at war with Spain, nor intended to place 
ourselves in that attitude,(p) the innntelligible and new fan- 
gled distinction attempted to be drawn between physical and 
moral foi-ce must fall to the gi'ound with the major part of the 
propositio)!. It is to be found i)i no treatise on national law, 
and has no reason for its foiuidation. 

(u) Letters 23dJu]y and 28th Nov 1817, printed documents. 

(o) Mr. Lacock's Keport, S U S. p. 9 

(/>) Doc. Pres. Mess. 28ih Dec lai8,p. 55, 72, 76, 84. 



85 



The next subject which has called fortli the censure of a ma- 
jority of the committee is the order of General Jackson to Ge- 
neral Gaines to take possession of St. Augustine. It iscon-* 
taincd in his letter of the 7th of August, 1818.(</) 

A majority of the committee say: *• In this projected expe- 
dition, it M as not thouglit necessary or expedient to consult the 
Executive hi*ancli of the government." No, it was not neces- 
sary; because tlie previous orders to Geneial Jackson had di- 
rected him to put a speedy and effectual termination to the war. 
**The confidence," says the Secretary of War, ''reposed in your 
skill and pi-omptitude assujes us that peace will he i estoied on 
sudi conditions as will make it honorable and permancnt.{r) 
The letter of Major Twiggs had informed the commanding 
(ieneral, that our Indian enemies "/mJ beeji fed and furnished 
from the garrison of St. Jlugnstine;'^ upon which he tells Gene- 
ral Gaines, "that it will be necessary to obtain e\ idence of the 
fact," before he proceeded to act; and that, should he take pos- 
session of tiuit post, he w as to hold it until he heard from the 
President of the United States. 

In the same letter to General Gaines, General Jackson pro- 
ceeds further to remark: *'Let it be remembered that the pro- 
ceedings carried on by me, or this order, is not on the gronnd that 
we are at war with Spain; it is on the ground of self-preserva- 
tion, bottomed on the broad basis of the law of nature and of na- 
tions; and justified by giving peace and securitif to our frontiers. 
Hence the necessity of procuring evidence of the fact of the 
agents oi* officers of Spain having excited the Indians to continne 
the war against us, and that they have furnislied them with 
the means of carrying on the war. This evidence obtained, 
you will (if your force is sufficient) permit nothing to j)revent 
you from reducing Fort Augustine, except a positive order from 
the Department of fFar.'* 

It is admitted, by a majority of the committee,(.s) *'that a 
copy of the ordei- issued by Genei-al Jackson to Geneial Gaines, 
for the reduction of St. Augustine, was ti-ansmitted to the 
Secretary of War, and a countermamling order prom])tly de- 
spatched to General Gaines, which readied him before the mili- 
tary expedition set on foot by General Jackson had commen- 
ced; and thus was suddenly arrested a military scheme, as un- 
constitutional as it was impolitic." 

In the letter of the Secretary of War to General Gaines, 
dated 1st September, 1818,(f) tlieorder of General Jackson to 

(g) Mr. Lacock'sRepert, S. U, S. p. 10 and 19. 

(r) Appendix, No. 1, 2,3, 17. (») Mr. Lacock's Report ?. V. S. p. 11 . 

(0 Mr. Lacock's Report, S.l'.S.p.Ti. 



86 



occupy St. Augustine was countermanded, except so far as re- 
lated to the collection of evidence shewing the participation 
of the Spanish authorities with the Indians, in continuing and 
carrying on t!ie war against us. The Secretary remarks: "It 
is to he presumed that his orders in relation to St. Augustine 
were given before General Jackson was apprised of the deci- 
sion of the President, in relation to St. ^larks and Pcnsacola; 
as the principle on which that decision was made would equal- 
ly extend to the case of St. Augustine. 

It was impossible that General Jackson could have been ac- 
quainted with the course adopted by the President relative to 
the restoration of St. Marks and Pensacola, at the time of is- 
suing his order to General Gaines, on the rth of August, 1818, 
Tiie Pi'esident and his cabinet did not form their determina- 
tion until the 12th of tliat month, as may be seen by a lettei* from 
the War Department;(«) whereas General Jackson had issued 
his order at Nashville, to General Gaines, five days anterior 
to that date. 

Under the circumstances, then, in which General Jackson 
was placed, was it correct, and was it required by his duty, 
that he should have issued the order of the 7th August to Gc- 
iier.il Gaines? 

General Jackson did not set on foot his military expedition 
against St. Augustine without authority, as stated by a major- 
ity of the committee. It was done agreeably to his orders, as 
he had been directed to enter Florida; to put an effectual ter- 
mination to the war, and secure an honorable and permanent 
peace. It was impossible to effect these desirable and neces- 
sary purposes, so long as the Spanish authorities gave culpa- 
ble countenance, encouragement, and assistancc,to our enemies, 
and their imbecility was permitted to cover Indian perfidy 
and murders. The commanding General had previously 
hoped (and very rationally too) that the war was at an end, 
after the reduction of St. Marks, which ought to have been 
sufficient to convince both the Spaniards and Indians that 
Spanish garrisons were not to protect them from merited 
chastisement. This just and humane expectation how- 
ever was not realized, as he found himself disappointed, 
not only in the conduct of the fortress of Pensacola, but also 
in that of St. Augustine. Subsequent events also shew the 
correctness of the information received by. General Jackson, 
jjrevious to his order of the 7tli of August, 1818.(r) 

(7i) Secretary of War to GeneralJackson, Doc. 2d Dec. 1818, p. 41. 
(v) Mr. Lacock's Keport, S. U. S. See Major Fann'mg-'s letter to General 
Gaines, in which he savs — "Ilearn that the Seminoles have received from St, 



87 



Governor Bibb, in his communication to General Jackson 
of the 19th of May, 1818,(7f) whilst stating tlie outrages and 
murders Avliich wei-o daily perpetrated on tlie fi'ontier of Ala- 
bama, as also the aid and comfort which the Indians received 
from the Spanish authorities, observes : *• Had 1 been furnish- 

* ed with funds, the enemy would have been di'iven from that 

* retreat long before this time; persuaded, us I am, that it is 

* the only effectual method of affording security to this territory.^* 
Of the same persuasion must have been the Executive of thc-r 
United States, or he would not have given General Jackson 
orders to enter Florida in pursuit of those Indians, and in- 
vested him with discretionary powers to adopt all such mea- 
sures as he might deem necessai'V for the establishment of au 
honorable and permanent peace. 

General Jackson's character for decision and promptitude 
might well assure the government that peace would be restor- 
ed on those conditions. To leave the Indiajis only dispersed, 
wlien they could assemble in safety, be recruited and invigo- 
rated by supplies and munitions of w ar in Spanish fortresses, 
and thence break out afiesh upon our ex])0sed froutici-s, with 
the tomahawk and scalpijig knife, would ha\ e greatly aggra- 
vated our distresses of every description. Although they }>ad 
disappeared before our victorious and pursuing army, they 
would have followed closely upon its heels ^^hilst i*etiring 
from their country, plimdeiiug and murdering our citizens by 
the time it could possibly have crossed the line. 

It was not in the nature, character, nor intelligence of Ge- 
neral Jackson, to suftcr such a state of tilings to exist, under 
the orders lie had received, bottomed, as they were, on the 
interest, honor, humanity, and justice of the American govern- 
ment. That distinguished olticer never peiforms his duty by 
halves; nor do iiis military operations c\ aporatc in parade, 

Aug-iistine ten pack horse londa of ammiinitiun, and that it was distributed 
among' tht^m" — and that " ike Spaniards rcconnmcnded to the enemy vnited 
and 'vigoro'tis opei-titions asraiust ns." See also General (iaines's letter to 
Governor Copping-er, in which lie states—"! have received intV)rniatioii that 
Aug-uslus SaiUee, a Sergeant of the United States' arlillcrv, m ho had obtain- 
ed from his comniandip.g- oflicer a temporary leave of absence, was a few 
days aince ^ved 07if arrested, and imprisoned, by a parly of armed men at St. 
John's, headed by a person absu'iiing tiie rank and character of a SpHnisli 
officer. 

"It is likewise reported, that two citizens of the United States were, by 
the same party.^n-ti on, -ivonndcd, and imprisoned; and that tiie perpetrators 
of this outrage, witli a view to shelter their conduct under the veil of Span- 
ish authority, took the serg'eant and citizens jjy force, towards St. .^vgvstitu; 
whitiier it was understood they were to be carried, under a pretext, tlut 
they would there be arraigned and tried as ollcndcrs." 
(w) 3Ir, Lacock's lleport, S. U. S, p. 25. 



88 



when he is expected by his government to accomplish an ob- 
ject. Some persons there probably are, who, in the estimate 
of this General's character, associate ideas of rashness and 
immoderation. In no instance, however, of his long public 
career, have his official transactions evinced such a dis])osi- 
tion. He attentively views an object on every side, as well 
as the accessible means necessary to its effectuation. Though 
bold and daring in his plans, he has seldom failed in the ade- 
quacy of the means v, hich were provided for their accomplish- 
ment. In doing so, it must be admitted by all that great re- 
liance was placed in the superior intelligence of his ov/n mind, 
as well as the resources and energies of his character. Seeing 
his object with distinctness, the means are as promptly weigh- 
ed and considered, and he then presses forward to its attain- 
ment, ins{)ii*ing all around him with an ardor, cheerfulness, 
and disregard of danger and of death, rarely to be ecpialled 
in any age or any country. 

Siicb seems to be an imperfect outline of the character of 
this personage, who has obtained so much celebrity in the mi- 
litary histoi'Y of our country. When the government gave 
orders to such an officer to terminate the war, so as to secure 
an Jhonorahle and permanent peace, it could not have been ex- 
pected that he would leave St. Augustine in the possession of 
the Spaniards, upon ascertaining the facts tliat it was an asy- 
lum for our enemies, where they I'eceived aid and comfort, 
provisions, and munitions of war, and where they were encour- 
aged '* to a milted and vigorous exertion in their operations'' 
agaiust the citizens of the United States ! 

It will be readily observed that the order directed to Gene- 
ral Gaines to occu])y this forti*ess, was entirely conditional 
and prospective. Before the order was issued, it was ren- 
dered highly probable that our flying and savage enemies 
were embodying at that place, and were aided, abetted, 
and encouraged by the commandant. There was a very strong 
presumption that this, like the other Spanish posts, had be- 
come an Indian depot, covered by the Spanish flag, to which 
the savages I'cti'eatcd for shelter and protection, after being* 
driven, alternately, from the Negro Fort, St. Marks, and Pen- 
sacola. Had these facts been identified, as directed, there 
would have existed the same incontrovertible reasons for tak- 
ing possession of St. Augustine as the two last mentioned foi'- 
tresses. The orders to the commanding General remained 
the same,(x) no change having taken place, or counter order 
directed to him, by the government. Besides, he transmitted 

(x) Appendix, No. 1, 2, 3, 17, 18.. 



89 



to file Secretary of War regular accoinits(|/) of lils proceed- 
inj^s in Floiida, with the reasons and motives by which they 
were dictated and justified, from the 25th of March to the 
7th of Aus>'ust, when his order to General Gaines Mas issued, 
and that, too, without a sentence of dissatisfaction ever liav- 
ing been expressed by the g'ovei'iiment. 

It Avas not until the 14th of August, that orders were issued 
to Generals Jackson and Gaines to restore Pensacola abso- 
lutely, and St. Marks conditionally. Fort Gadsden, situated 
within the limits of tlie Spanish territory, w as to be retained 
by the American ti'oops. Goicral Jackson may be presumed 
to have received this order about the fiist of September. It 
was the first intimation which reached liini relative to the deci- 
sion of the Cabinet, and which rendered it absolutely neces- 
sary that he should forbear tlie prosecution of any fui'ther de- 
fensive measures against the Spanish posts. 

This change in the military operations of the government 
proceeded, in all probability, from policy, or prudential con- 
siderations; not that General Jackson, in the exercise of the 
discretion vested in him, had violated any law, either consti- 
tutional, national, or municipal. A negociation witli Spain 
was, at that time, on foot; and it is probable that the Presi- 
dent deemed it proper to remove all doubt, and cora ince the 
government of Spain that our measures w ere entirely defensive 
and pacific, by ordering a restoration of two out of the three 
fortresses which were then in our possession. As a military 
officer. General Jackson had nothing to do with the policy of 
the Cabinet. His duty consisted in a strict obedience to his 
orders. These, it is believed, he uniformly observed, where 
they were limited in their character; and upon those occasions 
where he w as vested with discretion, no one can doubt that he 
exercised it so as to promote the honor, peace, and ultimate 
good of his country, and in strict conformity w ith the consti- 
tution, laws, and usages of nations. 

The majority of the committee further remark : " long be- 
fore this period, the commanding General had, by his letter to 
the Secretary of War,(«) declared the Scmi)iole war at an 
end; and after which not a single nerv act of hostility had been 
committed. Yet, in this state of peace, is a military officer di- 
rected to ascertain facts, and, on such facts being substanti- 
ated, to make war on the neutral colony of a nation in peace 
and amity w ith the United States."(«) 

As has been already observed. General Jackson persuaded 

(v) Pres. Mess. 2<1 Dec. 1818, p. 48, 50, 51, 56, 57, 58, 59, 87, 88, 89, 
(r) 26th April, 1817, Mr. Lacock's Report, S. U. S. p. 6. (n) lb. p. 10. 
12 



90 

himself tliat the war was terminated, after the asylum of St. 
Marks had been cut off from the Negroes and indians. In 
tliis calculation, further experience proved tliat he was gi'eatly 
mistaken. Indeed, we are not confident, to a certainhj, that 
the war is yet o\er. as no treaty has been made; and even were 
this the case, like that of Fort Jackson, in 1814, no actual 
peace might he realized, so long as the Negroes and Indians 
found supplies, protection, and encouragement, in East and 
T^est Florida. Facts pro^. e this to have been a coi*rect a iew 
of the subject, and that a majority of the Senate's cojumittee 
are mistaken, whoi they state " that not a single new act of 
hostility had been committed," k.v. 

Governor Bibb's letter, which was before the committee, 
presents an entirely different aspect of this question. Besides, 
it is known, that six men were murdered in the interim; a com- 
munication of which, it is believed, was nmde to the War De- 
partment by General Gaines, and may be found upon examin- 
ing the documents on file in that ottice. Charles Bairn's de- 
position, with the official communication of General Jjickson 
to the Secretary of War, under date of the 5th Februai*y, \819, 
also demonstrate that the majority of the committee greatly 
erred in making this statement.(6) If fuithei' evidence were 
AA anting, tlie committee have furnished it themselves, in the 
communications of General Gaines and Major Fanning, an- 
nexed to their report, in pages 45 to 48. 

It may not be im])roper, in this place, to remark, that many 
of the numerous facts stated in this report have reference to an 
immense mass of documents which have been published to the 
world in detached form and apparent confusion, and tlutt it 
miglit therefore be inferred that mistakes would occui*; but^ in 
relation to facts stated in the Report ^ and opposed by the docn- 
ments annexed, much more difficulty is experienced in account- 
ing for inaccui-acy. 

Suppose, ho\A ever, that, between the 26th of April and rth 
of August, 1818, none of the citizens of the United States had 
been annoyed, robbed, or murdered, by the Indians resident in 
Florida; still there w ouid have been no ground for the high 
chai'ge against General Jackson, '* that he liad disregarded 
not only the Legislative and Executive authorities of the Liiit- 
ed States, but setting at nought tlie usages of all civilized na- 
tions, by making war \a ithout a previous and public declara- 
tion." 

It is stated in Mr. Lacock's Report,(c) that ''the tendency 

(b) Appendix, No. 39, 40. 
{c) Page 7. 



«1 



of these measures by the comman(linj2: general seems to have 
been to involve tlie nation in a m ar \n ithoiit lier consent, and 
for reasons of bis own, unconnected ^vitb bis military func- 
tions;" and tliat "they would he unwilling- to attribute impro- 
per motives where those of a different chai-acter could be possi- 
bly inferred." 

I flatter my self that the reader has been long since complete- 
ly satisfied that this w ar, w ith all the measures adopted for 
its prosecution, was not only sanctioned by the Pl\ecutive, 
Avho is charged with tlie defence of the nation, but also by 
Congress themselves; and that there is consequently no foun- 
dation for such an imputation as is here levelled against the 
commanding general. I have shewn, too, in tbe nu)st conclu- 
sive manner, from the communications of general Jackson with 
the commandant of St. Marks, the governor of I'ensacola, 
Secretary of State, and the order to occupy St. Augustine, that 
he did not consider those measures of an hostile character, in 
relation to tbe goverimient of Spain. Tliey did >iot constitute 
war, and the comnmndin.g- general had no other agency in them 
than strictly to obey tlie orders of the Executi> e of the United 
States. 

If, in our enquiries i*elative to the manner in which this war 
was prosecuted, it sufficiently appears tliat the-acts perfoi-med 
by the commanding general were in conformity to law and the 
orders by which he was governed, fuitber investigation as to 
the motives of action migbt be superceded: believing it to be a 
sound maxim of law as well as moi-als, that ^^ben tbe act is 
lawful, no human tribunal can institute an enquir} into tbe mo- 
tive. The God of Heaven ah)ne, tbe searcher of all hearts, 
has cognizance of this matter. Before ail human tribunals, the 
act must first be ])roved nnlmrfid,, and not till then can the mo- 
tive be examined, in oi-der to aggravate or mitigate the of- 
fence. 

After the very able discussion wiiich had taken place in the 
House of Representatives of tbe United States, resulting in a 
decision, by an overwhelming majority, that the motives and 
measures of this officer were justifiable and could not be im- 
peached; it might at least have been presumed, by a majority 
of the committee, that they w ere pure and correct. It is ex- 
tremely difficult to ascertain why and \\herefore his motives 
were referred to at all. Wretcbod indeed would that people 
be, whose motives of action, however innocent, praisewortiiy, 
or legal, might bo made a subject of judicial eiuiuiry ! It 
would be productive of endless uncertainty and opjjression. 
It is amply suflicient, for all earthly purposes, if our action"^ 



92 



are quadrated by law; and when that is the case, no tribunal 
can exist in any age or country to take cogyizance of our mo- 
tives. In political or judicial enquiries into the conduct of 
individuals, purity of motive necessarily follows purity of ac- 
tion. 

The majority of the committee say, that they were con- 
strained to attribute improper motives to the commanding 
general, as tliose of a different character could not possibly be 
inferred. In vain, then, have I endeavored to demonstrate 
that the conduct of the Executive and his commanding generals 
has been legal and proper, in relation to their military opera- 
tions in the Floridas. In vain have they received the unquali- 
fied approbation of the nation, as well as of a large majority of 
the immediate i*epresentatives of the people in the House of 
Representatives of the United States, whose view s upon tbe 
subject of the Seminole w ar I have only attempted to arrange 
and condense in these pages. 

Upon the subject of general Jackson's motives, a majority 
of the committee have certainly exiiibited an unusual share of 
asperity, as well as a w ant of charity, which was not to have 
been anticii)ated fiom those w ho w ere members of so august 
and enlightened a body as the Senate. In a statement of many 
facts contained in their report, they seemed to have recognized 
but imperfectly the existence of the maxim founded in the hu- 
mane principles of liberty and the christian religion, that in- 
nocence is always presumed until guilt is established by satis- 
factory proof. 

Had a majority of the committee examined the communi- 
cations of the commanding general to the Secretary of \Var,(rf) 
upon the subject of his military operations, as well as the or- 
der to take possession of St. Augustine,(«) they would have 
been enabled to satisfy theanselves, that the motives by which 
' he was actuated w ei'e to obey his orders in giving peace and 
security to our bleeding frontier; to carry on a vigorous and 
efficient w ar against our enemies, with an overw helming force, 
by which the national treasure would be economised, and the 
lives of our citizens preserved. 

What motive, distinct from liis military functions, let me 
ask, could have operated upon tlie commanding general, in liis 
operations in Florida ? By acquiring the possession of the 
Spanish posts he neither added to his pow er nor wealth; but, 
by his detention in a low^ and w et country, and surrounded w ith 

(d) President's Message, 2d December, 1818. p. 50, 56, 86. Mr. Lacock's 
Eeport, p. 15. 

(e) Mr. Lacock's Rep. S. U; S. p: 19. 



93 



every embarrassment and privation, he _2;reatly im])aire(l the 
small remnant of a shattered and feeble constitution. All \\ ho 
are acquainted with j;eneral Jackson, and the weak and preca- 
rious state of his health, ai*e perfectly satisfied tliat uotliing hut 
an urgent sense of duty carried him to Florida, when his con- 
stitution was so much cnfeehled as to produce a continued de- 
sire to return to the interior.(/ ) And when in that country, it 
is believed, that nothini^ hut the same imperious sense of obli- 
gation, in carrying into effect the orders of the government, 
and a regard for the permanent peace ar.d hfippiness of his fel- 
low citizens, induced him to garrison tlie Spanish fortresses. 

His orders w ere to enter Florida in the prosecution of the 
war, and to bring it to a specilij, honorable, and permanent con- 
clusion. The commanding general was convinced that the 
objects of the war v.ould fail altogether, unless the strong 
Iwlds of tlic enemy were wrested from them, as well as those 
sources from whence they derived all their supplies and muni- 
tions of war. Slielteied by Spanisli garrisons, and receiving 
aid, encouragement, and comfort fiomt'aeir con)mandants; up- 
on oui' troops letiring from the country they \\ould have re- 
appeared, "and fired, in addition to their ordinary ferocity, 
with revenge for the chastisement they had recently received, 
would again have rushed with the war hatchet and scalping- 
knife into the borders of the United States, and mai'ked every 
footstep with the blood of her defenceless citizens." To pre- 
vent the recurrence of these calamities were motives amply 
suflicient ami clearly indicated, as well as entii-ely accessible 
to a majority of the committee, had they given themselves the 
trouble to advert to these orders. 

But it is the misfortune of this Report to be opposed by the 
evidence of its own documents in another instance ! The de- 
positions of colonel Butler and John H. Eaton, ajinexed to the 
Report, conclusively prove that general Jackson had no agen- 
cy in speculating in Florida la«ids, res])ecting which many 
questions had been asked on the part of the committee. It is 
understood that no other evidence was attempted to be intro- 
duced for the purpose of developing the **reasons of his own. 
uncoimected with his military functions;" and this is in direct 
opposition to the inference di-awn by a majority of the com- 
mittee. 

The former services of the President and his commanding 
generals should also have exempted them fi'om censuir and 
their motives from impeacbjuent. These alone ought to have 
prevented the majority of the committee from having sought 

(/) Pres. Mess. 28Ui Dec. 181 S, p. 180, 182, 188. 



94 



in vain for an excuse, and from attributing *Mmproper motives 
where those of a diffei ent character could be possibly infeiTcd.'* 

With respect to Mr. Monroe, it may be said that his politi- 
cal career has been distinguished by the most happy auspices. 
Having assiduously labored in the public service for about 
forty years, he has uniformly discharged his duty with fideli- 
ty and integrity, as well as with an ardor and devotion in the 
cause of his country which can alone identify the genuine 
patriot. 

At a very early period of our history, Mr. Monroe gave 
unequivocal evidence of his foresight as a statesman, and ma- 
nifested a ])articular solicitude for the interests of the western 
people. When Mr. Gardoqni, the Spanish minister, was in- 
triguing with our government for the purpose of inducing them 
to cede away the navigation of the Mississippi for twenty-Jive 
years^ he was a member or Congress from the state of Vir- 
ginia, and zealously opposed the adoption of the measure. 
Since tliat peiiod lie has served the people in the character of 
Govei'nor, Representative to the State and National Legisla- 
tures; as Minister to several of the principal Courts of Europe, 
and jiow" fills tiie exalted and responsible station of President 
of the most distinguished Republic on the globe. In all those 
capacities it is believed that he has acquitted himself with 
more than ordinary ability, and to the entire satisfaction of 
his enlightened countrymen. 

Since he w as elevated to the Presidential chair, the political 
sea has been quite calm and unruffled. The old wall of par- 
tition between the two great parties of our country being al- 
most entirely broken down, he has used his earnest efFoi'ts to 
allay political animosity and sectional prejudice, by substitut- 
ing a spirit of union and conciliation. In this attempt, he has 
heen successful beyond the most sanguine expectation. The 
consequence has been, that we are made to enjoy all the bless- 
ings ai'ising fi'om an identity of interest and feeling, and the 
talents of the nation are consolidated for the effectuation of 
national purposes. 

In consequence of our being at peace with the whole world, 
and the subsidence of party spirit, the administration of Mr. 
Monroe may be said to constitute a golden age in American po- 
litics. Besides, he has acquired more national wealth, and 
given greater extension to the territorial limits of his country, 
than any of his predecessors, except Mr. Jefferson. There is 
scarcely a point within the compass of this vast republic, at 
which he has not extinguished the Indian title to the most valua- 
ble tracts of land, with but a small expenditure of blood and 



95 

li'easurc. By means of tliosc arrjuisitions tlie sources of 
foreign hostility have heen diniinislied; thousands of emigrants 
are suprdied with hinds on moderate terms; the poor are pro- 
vided with a home and abundance, a)id millions are hroiii^ht 
into the public tirasury. Furthei-moie, the ohl states are ena- 
bled to send out their swjirms of suijdus population; \vealth and 
liapjiiness are more,a;enei'ally diffused; greater strength and du- 
rability given to the union and all our re])ublican institutions. 
The numerous testimonials of regai'd which Mr. Monroe has 
received, in the course of his tour through different parts of the 
United States, are a satisfactory eai-nest tbat those services 
are not forgotten, but that he is held in giateful recollection 
by a free and republican people. 

General Gaines has already been noticed in this enquiry, 
as an officer who was educated to the profession of arms 
from his youth, and who had acrpiired more than ordinary 
celebrity for his patriotism and military services. He is also 
known as one of the ablest discij)linarians in our army, and 
for a rigid observance of the orders of his superiors. During 
the late war with England, he displayed a skill and gallantry 
which marked him as an officer of distinction, and obtained for 
him an evergreen fame. The heroof Foj*t Phie will be honor- 
ably remembered, as long as valor and military prowess shall 
command the respect of the freemen of our country. On the 
Southern frontier, his operations w ere distinguished, princi])j!l- 
ly, by the unexampled suffeiings and pri^ ations to \\ hich he 
was subjected. On all occasions, however, he is acknowledg- 
ed to have acted with a firmness, decision, and alacrity, which 
characterises the soldier, and sincere friend to the welfare of 
his country. 

In I'elation to the services of General Jackson, they are re- 
duced to no ledgered account, and have almost exhausted pane- 
gyric. As a general and negotiator, he has rendered services 
in acquiring national wealth, and extending tlie territorial 
limits of the United States, which never can be forgotten. 
They arc incorporated with the history of the country, and 
must live in our grateful remembrance, as long as patriotism 
receives a tribute of admiration, or merit is assigned its appi-o- 
priate meed. He has, on all occasions, displayed a resolution, 
enterprize, and patriotism, which has been rarely ecjualled, and 
his military operations have been crowned with a success un- 
paralleled either in ancient or modern times. AVith an emaciat- 
ed frame and feeble constitution, he has encountered ewvj 
danger, hai-dship, and privation, and merits the most precious 
boon in the gift of his country. His victories have been moi-e 



96 



brilliant than those of Ramilies and Blenheim, and have en- 
circled his brow with imperishable laurels. They consti- 
tiide the proudest monuments of this nation's glory, m hich 
sliould be carefully cherished, both by the government and its 
citizens. I. is one of the richest treasures of the American 
people, and is the foundation of their peace at home and re- 
spectability abi'oad. 

Dui'ing tlie late war with England, when gloom and dis- 
aster hung over the fortunes of our country; when the heart of 
the patriot and the spirit of the nation were sunk in despon- 
dency: the government paralized by accumulated defeat and 
misfoi'tune, and our tieasury entirely exhausted, every eye 
was fixed u]5on this distinguished hero. The most awful fore- 
bodings and anticipations were entertained as to the fate of 
New-Orleans, which, it was feared was about to fall into the 
hands of the enemy, and be visited with rapine and violence. 
Wliat sincere and lieartfelt joy was manifested upon the arrival 
of the news of that unparalleled victory ! One univei'sal burst 
of exultation was heard thi'ougljout the Union. The empori- 
um of western commerce was preserved from fire and pillage, 
and ^^beauty"" protected fiom ruffian pollution. Congress ad- 
journed, unable to proceed to business, and bonfires and illu- 
minations proclaimed the grandeur and magnificence of the 
acliievement. Tiie tongue of defamation was dumb, and paity 
feelings were liushed to I'epose. Evei'y heart boundexl with 
gladness, and the proud trophies of the 8th of January united 
the honest men of all political creeds, in an expression of na- 
tional triumph and gratitude. 

General Jackson is destitute of ambition, save that of ad- 
vancing the welfai'e and happiness of bis countiy. If the 
sacrifices and sufferings which he has cheerfully encountered 
are the fruits of such a passion, it then may be considered of 
Godlike origin, and should call forth the admiration of every 
individual of the nation. To him power has no allurements 
and office no charms. Long has he sighed for the hour of re- 
tirement to private life, where he can enjoy the society of his 
family and fiiends. He has devoted liis best services to the 
cause of his country. Her constitution and lav. s are objects 
of his sincere veneration, and every solicitude of his heart is 
engaged for the pei'petuation of lier liberties. His health is 
rapidly declining under the pressui'e of age and disease, ancj 
all he asks of his beloved country, on this side of the grave, is 
to measure out to his motives and character an ordinary share 
of charity and justice. 



97 



Such characters as tliese arc the best friends of tlie Coiin* 
tvj, and its most efficient suppoi-ters in times of dilliculty and 
danger. Their fame constitutes part of the moral caj)ital of 
a free people, and contributes to give us an exalted distinction 
amongst the nations of the earth. Let us not, by unmerited 
censure, sully the chastity of their Nvell earned renown. We 
shall thus confirm the imputation against republics, of ingra- 
titude to their greatest benefactors. This is a sin of the deep- 
est dye in the character of a nation, and will prevent individu- 
als of abilities engaging in our service, at times that call for the 
exertionof all the skill and resources of the country. It will 
tend to discountenance merit and enterprize, and palsy the 
arm of our government in all its operations. 

The consequences resulting from the services of the Presi- 
dent, and his commanding Generals, are the establishment of 
an honorable and permanent peace, and repose and security to 
our frontier settlements. By cutting off all intercourse be- 
tween the Southern Indians and European nations, wc shall 
have no more foreign incendiaries to stimulate them to wars of 
extermination; no more prophets to instil their superstitious 
poison into the minds of their brethren, and to crimson our 
frontier with the blood of every age, sex, and condition. " We 
shall hear no more of murders and robberies within our bor- 
ders, by savages prowling along the Spanish and British lines, 
and seeking shelter and protection witiiln them, to display in 
their villages the scalps of our men, women, and children; 
no more of their selling, w ith shameful effrontery, the plunder 
of our citizens in Spanish forts and cities; no more apologies 
from Spanish Governors and Commandants, of their inability 
to perform the duties of their office, and tlie solemn contracts of 
their country; no more excuses for compliances to the savage 
enemies of the United States, from the dread of their attack 
upon themselves, and no more harboring foreign impostor^ 
upon compulsion." 

Again: — More has been effected by those measures, in ad- 
justing our differences with Spain, than thirteen years nego- 
tiation. We have obtained by treaty a so\ereignty over the 
Floridas, which gives extension and compactness to oui" ter- 
ritorial limits. Along line of sea coast has been acquired, 
upon which there is at least one of the most safe and capa- 
cious harbors on the American Continent; and the United 
States have secured the free and uninterrupted navigation of 
all the rivers which flow through the newly ceded territory, 
into the Gulph of Mexico. This country likewise affords 
the most abundant supply of fire oaky for the purposes of ship 



98 



tjuildiiifi;; ami its possession will enable us to give an effec- 
tual check to smuggling in that qiiaiter, as well as the intro- 
duction of slaves into the United States, in violation of our 
constitution and laws. Measures so beneficial in their conse- 
quences will have the effect of advancing our welfare for half 
a century to conic. They have i-eceived the sanction of 
Messrs. Jefferson and Madison, as also of the Legislatures 
of Pennsylvania and Mississipju, and cannot fail to secure the 
decided approbation of every deliberative body in the nation. 

The result of our investigations, then, has been, that the 
measures of the President ar.d his commanding Generals, in 
the commencement and teimination of the Seminole war, were 
authorized by precedent, as well as by our constitution and 
laws: that they weie also sanctioned by the acts of Congress, 
and the immutable principles of international law, in lela- 
tion to the rights of self preservation. I have also proved 
that a majority of the Senate's committee have not sustained 
a single position wliich they assumed; that the testimony 
upon which they acted was illegally procured; many of 
their statements without the scope of the authority conferred 
upon them, and contradicted by the documents uhich they, 
themselves, have published as pai t of their report! These cir- 
cumstances are calculated to excite public astonishment, when 
it is recollected that the subject had been satisfactorily de- 
veloped in the House of Representatives, and that a majority 
of the committee had consumed several weeks upon the points 
submitted to their consideration. They must also satisfy 
every candid mind that the majoiity of the committee have 
not " maturely and dispassionately examined tiic subject," 
nor redeemed theii* pledge '*/ai^/i/vfiii/ to disclose facts, and 
iiiqjartially to draw conclusions.'* 

When the subject is presented in this attitude, it cannot but 
be believed that the Report to the Senate was drawn in a 
settled spirit of opposition to tiie President and his command- 
ing Genei'als. It must also ha\ e been prepared, in so much 
haste, at the close of the session, for tlie purpose of counter- 
acting the decision of the House of Representatives, as not to 
afford sufficient time for an examination of those documents 
upon which it professes to be tbiuided. 



A List of the Documents in the Appendix. 



No. 

1. Secretarj- of War to General Jackson, 

2. to Governor Bibb, 

3. to General Gaines, 

4. General Jackson to Secretary of War, 

5. to Governor of Tennessee, 

6. Appeal to Volunteers, 

7. to Secretary of War, 

8. to Governor of Tennessee, 

9. to Secretary of War, 

10. to Colonel Hayne, 

11. to same, 

12. Colonel Hayne to Secretary of War, 

13. to same, 

14. to same, 

15. to Brigadier General Parker, 

16 Secretary of War to Colonel Hayne, 

17 to General Jackson, 

18. to same, 

19. Major Muhlenburgh to Colonel Arbuckle, 

20. Colonel Arbuckle to General Gaines, 

21. Major Muhlenburgh to Colonel Arbuckle, 

22. General Jackson to same, 

23. Certificates of Colonels Dyer and Williamson. 

24. Deposition of Captain Gadsden. 

25. of Colonel Hayne. 

26. of Colonel BuUer. 

27. Gov, of Tennessee to Gen. Jackson, extracts of 2 letters, April 6tl], 1819. 

28. Captain Easter to same, April 21st, 1819. 

29. Deposition of Captain Call. 

30. of Doctor Bronaugh. 

31. Secretary of War to General Jackson, September 27th, 1815. 

32. October 2d, 1816. 
33] December 30th, 1817. 

34. Deposition of Lieutenant M'Keever. 

35. Secretary of the Navy to Commodore Patterson, March 27th, 1818, 

36. Act Legislature of Tennessee, 1815, ch. 118, sect. 112. 

37. Gen. Jackson to Colonels Dyer and Williamson, January 19th, 1818. 

38. Deposition of Colonel Gibson. 

39. of Baron. 

40. Secretary of War to General Jackson, February 5tli, 1819i 
General Jackson to Secretary of War. 



December 26th, 1817. 
May 13th, 1817. Extract. 
January 16th, 1818. Extract. 
January 12th, 1818. 
January 11th, 1818. 
January 11th, 1818. 
January loth, 1818. 
January 19th, 1818. 
January 20lli, 1818. 
January 21st, 1818. 
January 21st, 1818. 
January 28th, 1818. 
February 9th, 1818. 
February 13th, 1818. 
February loth, 1818. 
March 7th, 1818. 
January 29th, 1818. 
FebruaVv 6tli, 1818. 
December' 16th, 1817. 
December 21st, 1817. 
December 19tli, 1817. 
January 20th, 1818. 



[No. 1.] 
Department of War, 2Gtli December. 18ir. 

Sir : You w ill repair, with as little delay as pi'a( ticable, to 
Fort Scott, and assume tlic immediate command of the Ibrces, 
in that quarter, of the Southern Division. 

The increasing display of hostile intentions, by the Semi- 
nole Indians, may render it necessary to concentrate all the 
contiguous disposable force of your division upon that quarter. 
The regular force now there is about eight hundred strong, 
and one thousand militia of the state of Georgia arc called 
into service. Genci-al Gaines estimates the strength of the 
Indians at twenty-seven hundred. Should you be of opinion 
that our numbers are too small to beat the enemy, you v. ill 
call on the executives of the adjacent states for such an addi- 
tional militia force as you may deem requisite. 

General Gaines had been ordered, early in last month, to 
repair to Amelia Island. It is presumed that he had, there- 
fore, relinquished the command at Fort Scott. Subsequent 
orders have been issued to the general, (copies of A\hlch will 
be furnished to you) advising him that you would be directed 
to take command, and directing him to leassume, should he 
deem the public intei*est to require it, the command at Fort 
Scott, until you should arrive there. If, however, the gene- 
ral should have progressed to Florida, before the subsequent 
orders may have reached him, he was insti'uctcd to penetrate 
to the Seminole tow ns, through Florida; pro^ idcd the strength 
of his command at Amelia would justify his engaging in of- 
fensive operations. "W ith this view, you may be prejjared to 
concentrate your force, and to adopt the necessary measures 
to terminate a conflict which it has ever been the desire of the 
President, from considerations of humanity, to avoid, but 
w hicli is now made necessary by their settled hostilities. 
I have the honor to be, ^c. &c. 

[Signed] J. C. CALHOUN. 

Major General Andrew Jackson, •Vas/a'?7/f, Tennessee. 



[No, 2.] 
Extract of a letter from John C. Calhoun. Secretary of fVur^ to 
Governor Bibby dated 
" Department of Wau, 13th May, 1818. 
** General Jackson is vested with full powers to conduct the 
war in the manner which he may judge best." 



102 



[No. 3.] 

Extract of a letter from John C. Calhoun^ Secretary of War, 

to Brevet Major General Edmund P. Gaines, dated 

" Department of "War, 16th January, 1818. 
"Sir: The honor of the United States requires that the 
war with the Seminoles should be terminated speedily, and 
with exemplary punishment for hostilities so unprovoked. 
Oi'ders were issued, soon after my ari'ival here, directing the 
war to be carried on within the limits of Florida, should it be 
necessary to its speedy and effectual termination. The orders^, 
I presume, have been received." 

[No. 4.] 
Head Quarters, Div, Souths J>^ashville^ I2th Jan. 1818. 

Sir : I have the honor to acknowledge the receipt of your 
oi'der of tlie 26th ult. which reached me last night; its con- 
tents are duly noted, and will be promptly attended to. 

I have received no late advices from General Gaines, al- 
though I have for some time expected the return of the express 
sent to him on the 24th of November last. Taking into view 
the strength of the Seminoles and their adherents, as reported 
to you by General Gaines, and the aggregate of his strength, 
regulars and militia, amounting to but 1800 men, which can- 
not possibly afford alike number of effectives; considering, 
likewise, that the greater portion of his forces are drafted mi- 
litia from Georgia, who may apply for theu' discharge at the 
expiration of thi'ee months from the time they were first mus- 
tered, and who may be disposed to claim this right and aban- 
don tlie campaign about the time I could reach Fort Scott, I 
have deemed it both prudent and advisable to call, from the 
west end of the state of Tennessee, for one thousand volun- 
teers, mounted gun men, to serve during the campaign. With 
this force, in conjunction with the regular troops, I can act 
promptly, and, with the smiles of Heaven, successfully, against 
any force that can be concenti*ated by the Seminoles and their 
auxiliaries. Viewing, however, the lives of our citizens as too 
precious to be risked in a contest with savages, with the odds 
of two to one, unless where real necessity demands the expo- 
sure, I have therefore written to the governor of Georgia to 
continue in the field the one thousand men required by General 
Gaines. 

The result of the appeal I have made to the patriotism of 
those brave men, in West Tennessee, who have so often fol- 
lowed me to the field of danger, will be k^iown by the 19th 
instant, and 1 hope to leave this for Fort Scott on the 22d; of 



tm 



vuy liiovcments, and success in raising tlie mounted volunteers^ 
you sliall be advised. 

It may appear to the government, on the first view, that 
mounted men are the most expensive; but wlien we consider 
the rapidity of their movements; the amount of quarter mas- 
ter's expenditures for pack horses, baggage wagons, and otiier 
means of transport indispensable to footmen, in this instance 
saved, mounted gun men, as auxiliaries in such a camj)aign 
as the one contemplated, will be found to save both blood and 
treasure to the United States. The volunteers that have been 
in^^ted to the field are of tried materials, and such as can be^ 
relied on in the dav of danger and trial. With respect, &c. 
[Signed] ANDREW JACKSON, Maj, Gen. Commdg. 
Hoii. J. C. Calhoun, Secretary of War. 



[No. 5.] 
Head ^iiarterSf Division of the South ^ JM^ashxillc, Jan. \lth,lS\ 8. 

Sir : I have just received oiders from the I'resident of the 
United States to repair to F^ort Scott, Georgia, with instruc- 
tions to call upon the gover)iors of the neighboring states for 
such additional militia force as may be deemed necessary to 
co-operate w ith all the disposable regular troops of the South- 
ern Division against the Seminoles. I have this night ad- 
dressed circulars to several of those brave officers who served 
with me during the Creek campaign, under a hope that a 
timely address to the patriotism of our citizens will enable me 
to effect, by voluntary enlistment, what would otherwise have 
to be done by drafts. I have called for 1000 mounted men; and, 
should the appeal prove inelBcacious, will embrace the earliest 
opportunity of making the requisition on you for a like num- 
ber of drafted militia. 

I have received your letter of the 4th instant, and am happy 
to hear of the ratification of the treaty with the Cherokee 
Indians. 

With respect, your most obedient servant, 

ANDREW JACKSON, JIaj. Gen. Com. 

Gov. M'MiNN, of Tennessee. 
True copy— -J. C. Bronaugh, U. S. Army. 

[No. 6.] 
Head- flatter Si Southern Division, JS^ashville, Jan. 11, 1818. 

CIRCULAR. 

Sir: The Seminole Indians have raised the war hatchet. — 
They have stained our land with the blood of our citizens. 
Their war spirit must be put down; and they taught to know 



104 



that their safety depends upon the friendship and protection 
of the United States. To accomplish this, the aid of one regi- 
ment of mounted gunmen, of one thousand men, completely 
armed and equipped, and to serve during the campaign, is ask- 
ed from West Tennessee. Can you raise them, and he ready 
for the field in ten days? If you can, your General, who led 
you to victory on the plains of Talledega, Emuckfau, and 
Tohopeka, asks you to accompany him to the heart of the Se- 
minole towns, and there aid in giving peace and safety to the 
southern frontiei% An answer is expected in five days, and it 
is anticipated that the numher required is now ready. This 
is a private appeal to the patriotism of West Tennessee, and 
is not to appear in a newspaper. If the i-egiment is raised and 
marched, all expenses for expresses shall be paid. By the 
return of the express yon are^expected to give your opinion of 
the probability of the result, that preparations may be made 
accordingly. Col. R. H. Dyer, Col. Gibson, Col. William- 
son, Col. George Elliott, Major William Mitchell, Major 
John Smith, of Montgomery county, Col. Martin, of Wil- 
liamson, and Captain F. Ellis, of Dixon county, have alone 
been addressed on this subject. The grade of the officers to 
be deteimined by themselves, or the platoon officers of the re- 
giment. The officers raising companies to command them. 
Upon further reflection, it is requested that those officers nam- 
ed above, and all such as can raise a company, will meet me 
at this place on the 19th of the present month. Punctuality 
in this is much desired; and it is furtlier requested that all 
those oiHcers who have served in the late war will be confi- 
dentially notified of the foregoing. 

I have the honor to be, A. JACKSON, 

Major Gen. Com'g. 
True copy — J. C. Bronaugh, U. S. Army. 

[No. 7.] 
Head (^larters, Bivision of the Souths 

JYashrille, 13th Jan. 1818. 
Sir: Being advised that the Assistant Deputy Quartermas- 
ter General of General Gaines's brigade has resigned, and be- 
ing unadvised as to quartermasters' funds within the 7th De- 
partment, I have to request that necessary funds be forwarded 
to Quartermaster General Gibson, at Fort Scott, whom I have 
ordered to meet me at that place without loss of time. 

Should the one thousand volunteer gunmen attend to my ap- 
peal to their patriotism, I shall send on a confidential agent to 
Georgia, to have the necessary supplies for them procured 



105 



and forwarded by the Quartermaster, if any there, to Fori 
Gaines, and if none, by the agent sent, with instructions to 
draw on Quartermaster General Gibson for the amount of 
his purchases; this is done to facilitate the march of the vo- 
lunteers called for. I need not observe, that, without ([uarter- 
niasters' funds, an army cannot be wielded either witii prompt- 
itude 01' effect — promptitude in the jHTsent campaign will be a 
great saving to the United States, both in character and jjurse. 

I have the honor to be, most respectfully, your most obe- 
dient servant, 

[Signed] ANDREW JACKSON, Maj. Gen. Com'g. 
Hon. J. C. Calhoun, Secretary of War. 



[No. 8.] 
Nashville, January I9th, 1818. 
Sir: In my last, 1 informed you of the late order received 
from the President of the United States, and of the appeal I 
had made to the patriotism of West Tennessee. This day the 
officers, who hei-etofore commanded the volunteers, met me, 
and report, that two regiments of mounted gunmen will ren- 
dezvous on the 31st instant, at Fayetteville, prepared and 
equipped for a tour of six months. Thus, you see, that my 
best hopes of Tennessee are realized. Had cii'cumstances 
permitted, and time would have allowed, and the emei-gency 
demanded an appeal to the whole state, I have no doubt but 
five thousand men could have been raised. There appears no 
ditticulty but the want of arms. With these two regiments 
and the regulars, should the time of tlie Georgia troops have 
expired, I will be able to act promptly, and, I hope, with ef- 
fect. The- last account from Fort Scott, on the 19th ult. left 
the regular force in an unpleasant situation. I set out on the 
22d, in the morning. 

I have the honor to be, yours, respectfully, 

[Signed] ANDREW JACKSON. 

His Excellency Joseph M'Miniv. 

Certified — R. I. Easter, Jlid-de-Camp, 

[No. 9.] 
Extract nf a letter from Major Gen. Jackson to J. C. Calhmiii, 

Secretary of War, dated Mishvillc, 20f/t Jrtwjmr?/, 1818, 

Head (Quarters, Division South. 

Sir: In a communication to you of the 12th inst. I acknow- 
ledged the receipt of your order of the 26th ult. ami adAised 
you of the appeal I had made to the patriotism of tbe West 
Teunesseeans. On yesterday, the ofiicei-s who had so gal" 

14 



106 



iantly liofided the Tennessee mounted volunteers, durini^ the 
Creek campaigns, met me at triis place, and give every assn- 
ranrc of their ability to assemble two regiments of mounted 
gunmen, by the 51st inst. at any designated point within the 
western pait of this state. I have ordered them to rendez- 
vous at Fayetteviile, and as many as may appear on the 31st 
inst. or tlie 1st of February, to be mustered and received into 
the sci'vice for six mouths, (if not sooner discharged,) by my 
Iiifipcclor General. The Contractor has instructions to issue 
to these troops twenty days' I'ations. and every measure has 
been adopted to facilitate their march, via Fort Jackson, by 
the most direct practicable route to Fort Scott. These troops 
will be well supplied as far as Fort Jackson, and there the 
necessary provisions may be obtained and packed to answer 
Iheir immediate vrants, until they are intercepted by supplies 
from below. ]^I;\jor Fanning has been dispatched to Fort 
Ltawkins, to jnuchase and forward on their sujiplies to the 
most convenient point of interception. I have advanced to 
him two thousand dollars, Vvith authority to draw on the 
Quai-term aster General for any additional sums wanted, and 
imposed upon liim the touporaiy duties of Deputy Quarter- 
niasler General. 

I am comjielled to tliis arrangement from an impression 
that there can be no olTicer of the Quartermaster's Depart- 
ment in the vicinity of Foit Hawkins, and Colonel Gibson 
could not possibly leach that neighborhood to effect the objects 
wished. My inspector C^enei'al, Col. Hayne, (no Bi-igadier 
General havisig Aolunteered his services,) is charged with 
conducting the marcli of the t\^o regimen.ts of Tennessee vo- 
lunteers to tlie soutlieru frontier. From the contents of Col. 
Arbuckle's and iSIajor Mulslenburg's letters, copies of which 
;u-e herewith ejiclosed, you will readily perceive that the for- 
p.ier inust i*emain inactive, and tliat the latter is in a danger- 
ous situation. Evei-y information fiom our southern fi'ontier 
justifies tlte decisive measures I have taken, and urges the 
jM'ompt nufvement of t'le Aolunteers called into ser^ice. I 
ti'ust}ou will \iew the subject in the same liglit, and that my 
arrangements may meet with your entire approbation. The 
tro<^])s now" assembled o)i our southern boundary, reinforced 
w itU the Tennessee Aolmiteers called into service, will enable 
me to intlict speedy and merited cliastisenient on the deluded 
8eminoles. I remain here to facilitate every arrangemeut 
for the prompt movement of the Temiessee detachment, but 
will leave tliis on the 2'2d instant, for Fort Scott, via Fort 
iiawki)is. From Col. Arbuckle's letter I am advised of the. 



107 



departure of Gcii. Gaines from Foi't Scott, and tuc newspa- 
pers communicate the information of the Geore;ia contingency 
beijig commanded by a Brii!;adier General. As lie must con- 
setpiently be the commanding ollicer of the forces in the 
nei_2;lthorhood of Fort Scott. I liave this day directed instruc- 
tions to him, by no means to precij>itate himself into a .a;ene- 
ra! en,a;a,qement with the Seniinoles, but at all hazards to re- 
lieve, if possible. Major I\Iuiileid)ure; from liis present sitiui- 
tio!?. and covei* his ascent up the Appalachicolarivc!'. 

1 have further advised him of my movements, and directed 
that he should remain on the defensive; collect all tiie neces- 
sary supplies, and have every ])reparation made for an active 
campaiii,!!, as soon as reinforced by the Tennesseeans. 

General Gaines has been notified of this order. I have Jio 
later ad\ices from liim than tliat of the 2d of December, in- 
forming me of t!ic catastrophe of Lieut. Scott and party. 

[No. ]().] 
Wead (liiarfers. Division of the Houtlu AliifiJtrillCf Q\ st Jan. 1818. 
Sir : You will repair to Fayetteville, Ten. on the 31st inst. 
and there muster aiid receive into tlie ser\ ice of the United 
States, for six months, if not sooner discha]'2,cd, tv» o I'eg-iments 
of mounted volunteers. As soon as mustered, you will assume 
tlie command of these troops, and make Qxevj preparation to 
facilitate their march, via Fort Jackson, by the most direct and 
practicable I'oute to Fort Scott, on the Flint river. You aiv 
authoi'ised to oi-ganize and appoint such a biigadc staff as you 
may deem necessary to tho»accomplishme!it of the duties assign- 
ed you. Eveiy confidence is placed in your known activity 
and skill — and you are clothed with all discretionary power to 
facilitate the marcii of the volunteers to the designated post. 
ANDREW JACKSON, Maj. Gen. Com'g 

Div. of the South. 
Col. A. P. Hayxi:, Inspector General. 

True copy- — J. C. IJuoxaugu, U. S. Army. 



[No. 11.] 
Head (Quarters, Division of the Sonih.JVashville, Ten. Qlst Ja- 
nuary, 18 IB. 
To facilitate tlie march of the volunteers placed under your 
command, you are authorised to draw, either upon the Secre- 
tary of War, or Col. George Gibsoji, Quartei'-master General, 
at Foil Scott, for such funds as may be found necessary to 
meet anv failure either in the Quarter-master or Cor.trac tor's 
departnlent. ANDREW JACKSON, 

!M:\). Gen. Com'gDiv. of the South. 
Col. A. P. Hayne, Insp. Gen. South. Div. U. S. Army. 



108 



[No. 12.] 

JWishville, 2 8 th Januartjf 1818. 
Sir : I have the honor to submit for your consideration the 
enclosed copies of instructions given me by Major General 
Jackson. 

I have purchased as many pack horses and pack saddles as 
will answer for the use of the brigade. These purchases have 
been make in conformity to the General's order, and on the best 
terms the shortness of tlie time would admit. 

As we take no wagons along with us, it is deemed absolute- 
ly necessary to allow each company two pack horses to trans- 
port tlicir camp kettles and mess pans; for each man will have 
on his horse twenty days' provisions, as much corn as he may 
be able to carry, besides his ammunition and arms. 

I assure you, sir, I shall strictly economize in all my expen- 
ditures. 

I have the honor to be, &c. 
[Signed] A. P. HAYNE, Insp. Gen. 

Hon. JoHX C. CviHouiv, Sectj of War. 
True copy on file in my office. 

[Signed] A. P. HAYNE, Insp. Gen. 

Certified— R. I. Easter, Aid de Camp. 



[No. IS.] 
Head- Quarters, Camp Slount, near Faijetteville,Feh.9thf 1818. 

Sir : The volunteer brigade from West Tennessee, which 
has been assembled at this place, have been furnished by pri- 
vate contract. The regular contra(*tor not having been given 
the legal notice, refused to furnisli the troops. Under these 
circumstances I have made the best arrangements in my power. 

Each ration has cost the government twenty cents. The pro- 
visions furnished have been of a good quality. The organiza- 
tion of the brigade has been attended witli much difficulty. We 
can be correctly tauglit by experience only the great difficulty 
inseparable from the organization of volunteer corps; and, on 
the present occasion, the shortness of the notice given the troops 
to assemble has added to those difficulties. The Major Gene- 
ral commanding had authorised the field officers to raise two 
regiments, and they brought to camp forty captains, of which, 
I only could receive twenty into service. To merge the lesser 
fractions into the greatei*, and thus amalgamate them into sin- 
gle companies; to cut down captains, to leave out subalterns, 
and yet to satisfy an*d secure to us all the men, has been a very 
difficult task indeed. To efiect these objects, I have been oblig- 
ed, in a number of cases, to give an additional lieutenant and 



109 



cornet to the companies. The Major General a.^rced, in the 
first instance, tliat each company should have an additional 
Lieutenant Colonel, and Major. In fact, I have lieen com- 
pelled to _^ive that organization thatAvas formei'ly had in the 
Creek war. I would barely remaik, tliat, on .strict mililary 
principles, mounted gun men ought to have anadditioiial num- 
ber of oilicers. It is certainly more dillicult to command 64 
mounted gun men than 120 foot soldiers. I ha^e served in 
both capacities, and have found it so. In foreign service, 
too, it is usual to give cavalry an additional munber of offi- 
cers. In order to reconcile jarring interests; to harmonize 
the conflicting elements of local partialities and narrow mind- 
ed views, and not to lose sight of the great object of the cam- 
paign, there m as left but one way to act. I do not hesitate to 
say, that one of our present command is intrinsically worth 
more to the government than two drafted militia; and > oh will 
find, in tiic end, that the course pursued by General Jackson 
will cost the government much less than any other mode which 
could have been adopted would have done. We take up t]ic 
line of march to-morrow at sun-rise, ^Aith twenty days' proAi- 
sions. I calculate to march from this ground with about twelve 
hnndi'ed men, and, before we cross the Tennessee river, I am 
in hopes they will amount to 1500. They are not as well 
armed as I could vvish. Tiie ofhcers and men can be i-elicd 
on. In a regular camp I never saw bette)* discipline oi- more 
exact subordination exhibited; that is, so far as i-elates to cor- 
rectness of conduct, and vigilance in attending lo duty. The 
General left me w ith three thousand dollars, and I had only a 
few days to make those contracts absolutely necessary to move 
and feed our army. 

I have acted for my country as I would, under like circum- 
stances, have acted for myself. 

At Tennessee river, whei*e we must halt a night and day, I 
will forward to the Adjutant and Inspector General's oftice, a 
report of the strength of the brigade, also the muster-rolls. 
Captain Kingsley has furnished in the contractor's, and a mer- 
chant of Fayetteville, Mr. B. M. Garner, in the quarter-mas- 
ter general's department. They w ill accompany me as fftr as 
Tennessee river, at which place I shall liquidate their accounts 
by bills on govcrinnent, drawn at ten da} s sight. 

I am, &c. [Signed] A. P. HAYNE, Ins. Gen. com'g. 
To the Hon. J. C. Calhoun, Sec^y of War, Waslin City. 

True copy, on file in my office. ^ 

[Signed] A. P. HAYNE, Insp. Ge)i. 

Certified — R. I. Eastef. Aid-de-camp. U. S. army. 



110 



[No. 14.] 
Mead ((uarterSf Smith Bank of Tennessee Uit^cVj ISf/iFeb. 1818. 

Sir: I have the lioiior to inform you that I shall take up 
the line of march to-morrow morninj^ at day light. I shall 
m arc] 1 from this ground with 1100 ciTective men, and will be 
joined on the route by another full company. I am soi-ry to 
inform you that not more than two thirds of our men are well 
armed. I sljail procure as many arms on the route as I may 
be able to obtain, and shall state to the individuals from whom 
they are procured, that they will be paid for by the United 
States, should they not be returned uninjured at the end of the 
cam])aig"n. It may be our foi'tune to meet the enemy before 
we form a junction with general Jackson; and, under those 
circumstances, on the subject of arms, I could not hesitate a 
moment. Our route is through the Cahawba Valley^ by the 
way of Fort Jackson, and at the latter place I expect to hear 
from the genei'al; and if he directs it I can, by a rapid move, 
reacli Fort Scott in four days. The volunteers from West 
Tennessee will do their duty; all of them, officers and men, 
can be strictly relied on. 

I have the honor to be, sir, very respectfully your obedient 
sei'vant, 

[Signed] A. P. HAYNE, Insp. gen. com. 

To the lion. John C. Calhoujv, Sec^rij of War. 
True copy, on file in my office. 

A. P. HAYiSE, Insp. gen. U. S. A. 

Certified — R. I. Easter, Aid-de-camp. 

[No. 15.] , 
Head- Quui'ters, Tennessee Volnnteers, 
South side Tennessee River, 15th Feb. 181 vS. 
Sir: 1 have the honor to transmit you the muster-rolls of 
the volunteer mounted gun men of West Tennessee; also a con- 
solidated morning report of the brigade. I have had much 
trouble in procuring these returns. 

1 have the honor to be, very respectfully, your ob't serv't. 
[Signed] A. P. HAYNE, Insp. gen. com. brigade. 
To Brig. Gen. D. Parker, JldJ. and Ins. Gen. Wash' ton City. 
True copy, on file in my ofKce. 

[Signed] A. P. HAYNE, Insp. Gen. 

Certified — R. I. Easter, Aid-de-camp. 

[No. 16.] 
Department of War, TthMarch, 1818. 
Sir: 1 have had the honor to I'cceive your letter of the 9th, 
and that of the 15th lust. I have the pleasure of expressing 



in 



io you my entire approbation of all the measures you lla^e 
adopted to insure a prompt movement of the patriotic > ohiii- 
tcers confided to your command. 

It is asfibject of rei^rettliat there is no public arsenal in that 
section of country, from which arms and tHpjijjtncr.ts couhlbe 
drawn. The course which you ha\e taken to remedy the evil 
I trust will be effectual. So far as it may be practicable, let 
the arms be preserved and returned, after tiie canj])ai5^n closes, 
lo the owners. Where this cannot be done, let the account, 
properly vouched, be paid by thecpiartor-master's departiiicnt. 

The bills di-awn on account of sup])lies of every kind will 
be paid when presented to this de{)artment. Upwards ot 
one hundred thousand dolhirs have been forwarded totlie i)ay- 
masters of the 4th and rth rejrinicnts, for the paymejit of the 
militia before tiiey arc discharged. General Jackson will 
adopt such measures as will be proper to secure this object. 
The desire of the President, that the disbursing otricers of the 
regular forces should be c iiarged with the expenditures of the 
campaign, is the only obstacle to appointing the gentlemen 
recommended by the officers of the Tennessee brigade. Eve- 
ry attention will be given to secure the object of their wishes. 
I am well aw are of the difficulties to be overcome to organize 
efHciently, and satisfactorily to the officers and men, a volun- 
teer corps for the field. In the present instance, the pride and 
spirit of veterans, aided by patriotism, and directed by superior 
intelligence, have handsomely surmounted every obstacle. The 
alacrity w ith which the brave Tennessecans liavc again i-e- 
sumed their arms in defence of their country. Is a sufficient ear- 
nest that their efforts will be successful, and that their cfli- 
ciency, joined with the gallant exertions of other corps, will 
speedily terminate the conflict. 

I have the lionor to be. very respectfully, your cb't serv't. 
[Signed] J. C. CALHOUN, Secretary of War. 

To Col. A. P. Hayne, Insp. Gen. com. Tennessee Brig. 

Ti'ue copy, taken from tiie original on file in my office. 
[Signed] A. P. HAYNfi, Insp. Gcn.'U. S. A. 

Certified — R. I. Easter, Aid-dc-camp. 

[No. 17.] 
Extract of a letter from John C. Calhoun. Secretary of War, io 
Major- General Jn drew Jackson, dated 29th Jannarij, 1818. 
Your letters of the 12th and 131h inst. are received. The 
measures you have taken to bring an el^cient foi'ce into the 
field are approbated, and a confident hope is entertained that 
a speedy and successful termination of tiic Indian war will 
follow^ your exertions. 



112 



[No. 18.] 
[Extract] Departjuent of War, 6th Feb. 1818. 

Sir: I have tlic honor to acknowledge the receipt of your 
letter of the 20th ultimo, and to acquaint you with the entire 
approhation of the President of all the measures which you 
iiave adopted to terminate the I'upture with the Indians. 

The honor of our army, as well as the interest of our coun- 
try, requires that it should he as speedily terminated as prac- 
ticable^ and the confidence reposed in your skill and prompti- 
tude assures us that peace will be I'estored on such conditions 
as will make it honoi-able and permanent. 

I have, &c. 
.1/(7/. Gen. A. Jackson, Fort Scott, Georgia. 

[No. 19.] 

MAJOR MUHLENBURG TO COLONEL ARBUClvLE. 

JWar the Ochesee Toivn, on the ^pjjalachicola River j 
Tuesdatj Evening, December 16, 1817. 

Sir: On Monday morning the transports were attacked by 
the Indians, from both sides of the river, with a heavy fire 
of small arms. We retuined their fire; the firing has con- 
tinued ever since. \>'e have lost two killed and thirteen 
wounded, most of tliem severely; whether we have injured 
them any I am unable to say. We are now compelled to re- 
main here, as it is impossible for us to carry out a warp, as a 
man cannot show himself above the bulwark without being 
filed on. I can assure you that our pi-esent situation is not 
the most pleasant, not knowing how soon, or whether we are 
to receive succor from above. 

The wounded are in but a bad situation, owing to tlie vessel 
being much crowded, and it is impossible to make them any 
ways comfortable on board. Not having any other means to 
communicate to you, I am compelled to dispatch the keel boat 
under the command of captain Clinch, with instructions to 
make the best of his way to Fort Scott. 

I hope to hear from you soon, with instructions how I am to 
proceed in my pi'esent situation. 
With respect, &c. 
[Signed] P. MUHLENBURG, Brcv. Maj. 

P. S. We have but a few days' provisions on hand; the meit 
have been on half allowance some time. 



113 



[No. 20.] 
Colonel Arbfckle to Gexf.tial Gatxes. 

Fort Scott, December 2\y 1817. 

Sir: Since closing* my letter, the keel boat armed fi-om tho 
vessels below, ^itb some woMiidcd. 

Major Muhlenburg states, it is im])ossible for the vessels to 
get up, the shore beijij^ lined on both sides of the river, with In- 
dians and negroes, who keep up a constant fire on them. He 
has determined, if the boat does not return to liim this even- 
ing, to drop down, and try to get to the bay. The boat \\'\\\ 
leave this, under the command of major Twiggs, at 12 o'clock 
to day, and will reach them by sun down, provided, it is not 
interrupted in its descent. 

I shall endeavor to keep up an intercourse with them (by 
means of tlie keel boat) until we can get the ammunition from 
on board; and, in the last extremity, they will be compelled 
to dro}) down to the bay, in doing which, I am appreiiensive 
they Avill suffer severely. 

You have, here\\dth, a copy of brevet major Muhle:iburgli*.s 
letter of the 19tli inst. He appears dissatisfied tliat moi-e has 
not been done for his relief; in this, nothing shall be omitted 
that tlie force here can effect. 

Should I attempt to march against the enemy,- with all the 
force here, with the intention of removing him fiom the ri- 
ver, I am confident I should not succeed, and, at best, would 
sustain a very considerable loss. 

Men, and means of every description, are greatly Avanting 
here, and, should any misfortune happen to the vessels, we 
have not half a supply of ammunition, and not a single stand 
of spare arms. 

I have not heard a word from you since your departure. 
I am, sir, &c. Sec. 
(Signed) M. ARBUCKLE, Lt. Col. Com'd. 
Maj. Gen. E. P. Gaines. 

[No. 21.] 
New CHE see Town, December 19, 18ir. 
Sir: Yours, by captain Blackston, was received at 12 o'clock 
this morning, and was in liopes that you would have been able 
to afford some relief to the command, as our situation de- 
manded that something should have been done immediately. 
That we are not able to progress, is evident, as we have tho 
enemy on both sides of the river, and, therefore impracticable 
to carry out a warp. Had we not heard from you by the keel 
boat, this morning, it wa>> decided that we should have at- 
15 



114 



tempted to return to the bay this evening. I shall now de- 
spatch the keel boat under the co]nnia:,d of lieut. Gray, and try 
to I'etain our present position, until the night of the 21st. 

In case we should not hear from you, or be reinforced by 
land, we shall make the attempt to reach tlie bay. For fur- 
tiier particulars, 1 lefei' you to lieut. Gray. 
With i'csi)ect, A.c. 
[Signed] P. MUHLENBURG, Major. 

Lf. Col. Arbuckle. 



[No. 22.] 
Head (luarters^ Division of the South, 

Mishrille, 20th January, 1818. 
Sir: I have received your lettci- of the 18th ult. and have 
to regret the situation in which you are unfortuuately placed. 
Every effort will be made, however, to relieve you. 1 shall 
leave this for Foi-t Hawkins on the 22d; and two regiments 
of mounted volunteers will rendezvous at Fayetteville, Tenn. 
on the 31st instant, and proceed, by forced march, direct to our 
southern frontier. 

The commanding officer of the Georgia militia has instruc- 
tions, this day, not to invite a general engagement with the 
Indians, but,. at all hazard, to aid you in relieving Major 
Muhlenburgh. 

[Signed] ANDREW JACKSON, Maj. Gen. 

Com'g Div. of the South. 
Col. Arbuckle, com'g at Fort Scott. . 
True copy — J. C. Brojvaugu, U. S. Army. 



[No. 23.] 
EiM Grove, Qlst May, 1819. 

Dear General: I have just returned home from the Wes- 
tern distiict, and have i-ecently seen the report of the Senate 
of the United States, relative to the Seminole war, wherein I 
I'snd you charged, by a committee of that honorable body, of 
organizing and ajjpointing the officers to take the command 
of the vohinteei-s from this state, engaged in that war. Cer- 
tainly that committee could not have received the proper in- 
formation respecting this particular subject; and, believing 
that you. sir, have a wish that the facts should be stated in 
all quarters vvhcrein you are concerned, I have thought pro- 
per to make the foUoAving statement, wliich every field officer 
I)elonging to the two regiments, I have no doubt, will recol- 
lect to be facts: 

In the mouth of January, 1818, you made an appeal to a 



115 



number of those oflicei'S mIio liad acrouipaiiied you in the 
Creek war, and to Mobile, Pcnsacola, and New Orleans; and 
named to them tiiat thei*e were one thousand men ^^ antinja;, 
and that volunteer mounted men would be recei\ ed; and ir- 
quested that those officers would m?et at Nashville, on the 
19th January, 1818; at which time and place a mimbei' of 
officers met. After assuring* you that the men could be rais- 
ed with ease, it was proposed by myself and some other offi- 
cers there present, for you to mime the oflicers to command 
those troops. This you refused, and said, an^rce amongst 
yourselves who arc your officers; and then stated to the offi- 
cers present that you would appoint col A. P. Haync to lead 
us on to Fort Scott; and, on our arrival at that point, you 
would then take the command yourself. We then left you 
and withdrew to a room, where it was agreed that I should 
take the connnand of the 1st Regiment, and Col. Thomas 
W illiamson should take command of the 2d Regiment; and 
that we would officer and organize them in the sariic way 
that the volunteer mounted gun men were orgaJiized in 1814, 
when we marched to Mobile, Pcnsacola, and New Orleans. 
The other field officers wei-e then agreed on, and our names 
reported to you in writing, who would command the two 
I'egiments. You tlicn named to tlie officers the law regulating 
the peace establishment, and how tiie regiments were offi( ered 
under that law . It w as then named to you by myself, to- 
getliei" with several otlicr officers, tJjat, by experience, we had 
found that horse men requiied moi-e officei-s than foot men. on 
account of horse men covering a much larger space. You 
then said, oj'gauize yourselves in a way that you may think 
proper; it will rest ^^ith the govennneut. A luunber of those 
officers w bom you made the appeal to, w ere conunissioned by 
James Madison, Esq. then President of the United States in 
1812; and a part of them, umler all privations, stuck to the 
service w ith you without a mni'niiir during the war with 
Great Britain aiid the hostile Creek Indians, 
I am, sii'. 

With the greatest i-espect, 

Your most ob*t humble serv't, 
[Signed] R. II. DYER, late CoK 1st Reg'l 

Ten. M. G. M. 
The facts stated in the above letter are known to the un- 
dersigned, who was present at the time alluded to, to be cor- 
rect.' THOMAS AVILLIAMSON, 

l.ate Col. 2d Reg't T. M. G. M. 
Certified — R. I. Easter, Jlid-dc-camp. 



116 



[No. 24.] 
I, James Gadsden, a captain in the army oftiie United 
States, on oath, declare that, during the whole period in 
which the transactions helow detailed took place, I was an 
Aitl-de-camp to Major General Andrew Jackson, and that 
the following narrative contains a true statement of facts 
to my knowledge: 

Early in Jajuiary, 1818, General Jackson received orders 
from the War Department to repair to Fort Scott, assume 
the command of the army, and to bring the conflict with the 
Seminole Indians to a speedy termination. The Secretary of 
War stated the enemy's force to be 27 or 2800 strong, and 
gave authority to the General to call fi-om the neighboring 
states such a force as would ensuie tlie desired object. The 
regular brigade under General Gaines did not, according to 
the last repoi'ts, exceed 600 men. He had called upon Geor- 
gia for not more than 1200 militia, and it was uncertain, at 
that period, whetlier the friendly Creek warriors would ac- 
cept of the invitation tendered. Some additional force was 
therefore deemed necessai-y; and the speediest mode of rais- 
ing it M as a subject of solicitude to General Jackson. Go- 
vernoi' M'Minn, of Tennessee, Avas engaged about this pe- 
riod in carrying into etfect a treaty with the Cherokee na- 
tion, and it was a matter of gi'eat uncertainty, whether a 
letter would find him at his usual place of residence, near 
Knoxville, or not. He was not at the capital of the state, and 
his friends in and about Nashville were generally under the 
impression that he was still in the Cherokee nation. General 
Jackson determined, thei'efore, to make an appeal to his old 
companions in arms, many of whom held commissions in the 
militia of tlie state. His circular to tiiese men, and his letter 
to the Governor, notifying him of what he had done, have 
been published. 

I was present at the meeting of the field officers of the vo- 
lunteers at Nashville, and heard no remarks of General Jack- 
son calculated to control or influence them in the selection of 
theii' otticers. The only subjectof anxiety with him, appeared 
to be, that the men should be raised by the 1st of February. 
He desii'ed that the number should be completed; that the 
men should be satisfied with their ofticers; that they should 
rendezvous at Fayetteville; be mustered into service, and 
overtake tlieir General on the frontiers of Georgia. Col. 
Hayne, Inspector General, was instructed to command the 
detachment on their mai-ch to Fort Scott. He received au- 
thority to appoint no other oiticers than those attached to his 



117 

personal staff: a privilege enjoyed alike by regular and mili- 
tia comniandei's. The Nashville company elected their own 
otticers, and the Kentucky company uas raised without even 
the knowledge of General Jackson. Their own feelings led 
them into the field, upon the mere knowledge of the fact, that 
the frontier w as exposed to Indian aggi-essions. 

I accompanied General Jackson through a part of Tennes- 
see previous to his departure south. In every village we pass-, 
ed throng)}, much interest was taken in the approaching cam- 
paign, and the citizens wei'e generally inrpiisitive as to the na- 
ture of the appeal to their patriotism. I was directed by 
General Jackson to explain its character; and, in every in- 
stance, expressed but one opinion, as deiived from him; that 
1000 men were wanted to put a speedy close to the Seminole 
w ar; that, in consequence of the confidence which the General 
had in his old comrades in arms, and the facility with which 
volunteers could be raised, he had made this appeal; that they 
must be satisfied with their commanders, and elect their own 
oilicers. On this subject I found many individuals exceed- 
ingly scrupulous. They were assured tliat no intention was 
entertained to impose commanders on them; that tlie men w ere 
wanted, and the General w as well aw are that, to be eilicient, 
they uiust be contented w itii their oilicers. 

General Jackson left Nashville with one company of Ten- 
nesseeans. A company of Kentuckians overtook him in the 
Cherokee nation; and tlie Tennessee brigade had orders to 
join him, as soon as organized, on the frontiers of Georgia. 
From Hai'tford, General Jackson moved with tlie Geoigia 
brigade, and w as reinforced on his niarcli, to Fort Scott by 
about 600 friendly Creeks. 

From Fort Gadsden, w here the operations of the campaign 
may have been said to Inne commenced, the movement was 
made w ith a force of regulars, Georgians, and Indians, not 
exceeding 2000 men. The strength of the enemy w as not 
known at tliis time to be less than that stated by the Seci-etai\ 
of War — 2700. A detachment of Tennesseeans, and General 
M'lntosli's w arriors, overtook the army on the morning of 
the attack on tlie Mickasuky villages, and all the troops call- 
ed into service were not finally concentrated until the day af- 
ter the movement from St. Marks towards the towns on Sah- 
waiine river. Tlie actual force of tlie enemy was never as- 
certained until their final dispersion irom the bahwanne river. 
Rumor often magnified their strength beyond that stated by 
the Secretary of A>'ar. 

The demand of the surrender of St. Marks was made in 



118 



amity. General Jactvson received intimation that the Indians 
and Negroes, combined, wished to throw themselves into that 
Avork as a dernier retreat; and tlie Governor of Pensacola 
had stated that the work and garrison were both too weak to 
resist their meditated attacks. I was entrusted with the com- 
munication to the Spanish commandant of St. Marks, and 
directed to urge tlie propriety of an amicable permit for the 
fort to be occupied by an American garrison until the close of 
the war, on the ground that the Seminole Indians were ene- 
mies to both nations, and that 'every facility should be afford- 
ed tlie American arms in closing a war so injurious to both 
parties. In tlie course of the negociation, facts disclosed 
themselves, developing the real character of the Spanish com- 
mandant, and, in a measure, implicating him as a party in the 
war. These facts were reported to tlie General; and not un- 
til then was the order issued for entering the fort by violence. 

On the retui'n of the army to Fort St. Marks, from the 
towns on the Sahwanne river, General Jackson expressed to 
me his determination to return to Nashville, conceiving that 
the war was closed. On the next day, information was given, 
by the cajitain of a small schooner from Pensacola, that hos- 
tile Indians were lurking about that town; tliat they had ge- 
nerally sought refuge to the w est of the Appalacliicola river, 
and wei'e committing depredations on the I'oad leading from 
Georgia to the Alabama. On this information. General Jack- 
son observed, that it would be necessary to leave strong gar- 
risons in St. Marks, Forts Gadsden, and Scott, and send a 
party to scour the 'country west of the Appalachicola; but he 
still expressed his intention to return to Nashville. So well 
persuaded were the officers, generally, that all operations were 
over, tliat many of them sought leave of absence. An officer 
attached to Gener.al Jackson's staff, as volunteer aid-de-camp, 
left him at this place for New-Orleans. Previous to his de- 
parture, he was told by General Jackson that his services 
would no longer be necessary, as he was determined to I'eturn 
to Nashville. 

Lieutenant Sands was not sent to Mobile to forward on a 
train of aitillery to a given point. TIhs officer had com- 
manded for many years in Mobile, and, being attached to the 
place, expressed a wish to visit it, with a view of being rein- 
stated in the command, if possible. His request was granted, 
and he received an ordei*, at the same time, to have a fevv 
pieces of ordnance in a condition for field service. Colonel 
Gibson received instructions, subsequently, from Fort Gads- 



119 



tlen, to have the artillery, ammunition, provisions, kc. trans- 
ported to Fort Monti^omery. 

On the return of the army to Fort Gadsden, General Jack- 
son recei\ ed a reply, from the Governoi* of Pensaeola, to his 
letter relative to provisions ascendiiu^ the Escamhia ii\er. 
At tlie same time, letters were received by indixidiials, and 
furtlter information from the captain of the schooner, tliat 
Pensacola was nnder the control of the Indians; that more 
than 400 warriors were in its vicinity, preparina; for the re- 
newal of hostilities on tlie Alabama fi'onticr. Major Hogan, 
who had recently arrived from Foi't Montgomery, I'cported 
some murders lately committed by Indians, direct from Pen- 
sacola, and who had returned with their plunder and scalps 
to that place. On the receipt of this information. Gen. Jack- 
son observed to n\c that he must himself command the troo]»s 
destined to scour the country west of the Appalachicola. He 
did not, at that time, intimate an intention of occupying Pensa- 
cola. To give security to the frontiers of Alabama ^^ as his 
object, and that his operations must be governed by circum- 
stances which might occui*. 

On the 3d or 4th daj's marcli, an express was sent to Col. 
Gibson, at Fort JMontgomery, to endeavor to join the army, 
with the artillery and provisions, at or near Durand's Bluff, 
tlie lower crossing place on the Escambia. 

At this place, a letter was received, by express, from Go- 
vernor Bibb, detailing the murders which had been commit- 
ted by hostile chiefs from Pensacola; and. the next day after 
the army had crossed the Escambia, the protest of the Go- 
vernor of Pensacola was received. The bearer was dispatch- 
ed with a note, promising a reply to the protest that niglit. 
The same day I was sent into Pensacola ^^ ith a reply. 1 he 
Governor had left his capital. The next day, the comnmni- 
cation, demanding the occupancy of Pensacola ajid its (le])en- 
dencies, until Spain could control, by an adcfpiate military 
force, the Indians witiiiii Florida, was delivered to the Gover- 
nor atthe Barancas; and, on his refusal to accede to theteiiiis 
of that communication, the army took uj) its line of march to 
that place. The result is known. 

The plan of St. Augustine was sent to General Jackson, at 
my reipicst, and is now in my possession. As an engineei- at- 
tached to the Seminole army, it was my duty to be prepaicd 
for any events, by obtaining accuiate knowledge of the coun- 
try whicik might be the scene of operations. 1 did not rccpiest 
the plan of the projirietor from any intimation from General 
Jackson that he intended or wished to > isit that fortress. 

JAMES GADSDEN. 



•120 



State of Louisiana, City and Parish of J^exv- Orleans. 
Be it known, that, on this thirtieth day of June, 1319, before 
nie, John Lynd, Notary Public in and for said city and parish, 
duly coraniissioned, personally appeared James Gadsden, w ho, 
in my presence, signed his name to the foregoing- instrument 
in writing, and having been duly sworn, deposed that the con- 
tents thereof are true and correct. In faith whereof, I grant 
these presents, under my signature and seal of office. 

JOHN LYND, JYotary Public. 

[No. 25.] 
Arthur P. Hayne, Inspector General Southern Division 
of the army of tlie United States, and late commandant of the 
Tennessee volunteers, being duly sworn, testifies : That, in 
the month of January, 1818, Major General Andrew Jackson, 
of the United States' army, addi'essed circular letters to colo- 
nels Dyer, Williamson, Elliott, Mitchell, Philips, and otiiers, 
and stated to them that the south western frontier was in dan- 
ger, and that he had determined to make an appeal to the 
patriotism of the people of West Tennessee; that it was his 
wish to raise two regiments for that object; and deponent 
fui'ther testifies, that, on the arrival of the said field officers 
at Nashville, they, the said field officers, settled among them- 
selves tlieir own rank; and the deponent further declares, that 
tlic said field officers wei-e not, in any way or manner, either 
directly or indirectly, mediately or immediately, controlled, 
governed, or influenced, by tite said Major General Andrew 
Jackson; and the deponent further testifies, that the field offi- 
cers determined, at their first meeting at Nashville, that indi- 
viduals who first succeeded in brijiging to the rendezvous full 
companies, should rank as captains, and command their own 
men, and that the same principle should govern the election of 
subalterns; and the deponent further testifies, that he never 
I'eceived any autliority from Maj. Gen. Andiew Jackson, nor 
was he concerned himself, in any w ay or manner whatever, di- 
rectly or indirectly, mediately or immediately, in any of the ap- 
pointments of the officers of the Tennessee brigade, w itli the ex- ' 
ception of those of his immediate staff; a privilege allowed to 
all commanding officers, either in regular or militia service. 
The deponent further testifies, that tlie muster rolls of the 
Tennessee brigade were forwarded on to the Adjutant and In- 
spector General's office, at Washington city, on the 1 3th Fe- 
bruary, 1818, from Ditto's landing on the Tennessee river; 
that the said rolls reached Washington in safety, and in the 
ordinary course of the mail. 

[Signed] A. P. HAYNE. 



121 



Sworn to and subscribed before tbc undersiajned, .Tiid,s;e ol' 
tbe first judicial district of the state of Louisiana, this l^th 
June, 1819. JOSHUA LEWIS. 

Certified: R. I. Easter, Aid-de-camp. 

[No. 26.] 

Robert Butler, Adjutant General of the Southern DiAd- 
sion of the ai*my of the United States, being duly sworn, tes- 
tifies : 

That, in the summer or fall of 1817, Mr. Jolin Donelson, 
of the neighborhood of Nashville, went to Pensacola, and pur- 
chased lots of land there, with the approbation of the Gover- 
nor; that the deponent had heard that Mr. James Jackson, of 
Nashville, was concerned with him, and was the only person 
concerned; he also understood that Donelson's first view, in 
going to Pensacola, was for the benefit of his health, that Mr. 
Donelson is nephew of General Jackson's wife; that he does 
not know the amount of Donelson's purchase; that he does 
not know, nor does he believe, tliat General Jackson had, or 
expected to have, any interest in said purchase, nor did lie 
hear it ever suggested. The deponent further saith, that, on 
the 11th January, 1818, General Jackson addressed a circu- 
lar to the old volunteer officers, to raise volunteers for tlie 
Seminole campaign, in which the following clause is found : 
*' The grade of the officers to be determined by themscl ves, 
or the platoon officers of the regiment. The officers raising 
companies to command." The deponent has heard that an 
election was held, and the rank of the field officers established 
in that way, and not appointed by Genei-al Jackson, as stated 
in the deponent's affidavit before the committee of the Senate 
as positive, when the deponent then stated it as matter of opi- 
nion only; also, that the Governor of Tennessee was at Nasli- 
ville, which, it appears from reference to papers, was not the 
case. The deponent further states, that General Jackson re- 
ceived information at St. Marks, on his return from Suwany, 
that there were about 600 hostile Indians at Pensacola, m ho 
received ammunition and provisions from tlie Governor, in 
consequence of which the General oi'dered Lieut. Sands, of 
tlie artillery, to Mobile, to hold two pieces of the field artillery 
in readiness for his orders. On the arrival of tlie army at 
Fort Gadsden, the General received information of several 
murders having been committed on the federal road, and was 
shewn a letter, said to be private, from a gentleman at Pen- 
sacola to Mr. Doyle, as the deponent believes, stating that a 
large number of Indians were in Pensacola, and depredating 
16 



122 



Oil the property of the citizens; this information determined 
the General to chana^e his route for Tennessee, hy Pensacola, 
and orders were given to Col. Gibson to proceed to Mobile, 
and afford Lt. Sands every facility in moving the artillery to 
Foi't Montgomery, to await the General's order, which was 
given, on irearing the Escambia, by express, requiring the 
artillery to form a junction with the army after crossing that 
river, which was executed. TJje General remarked to the 
deponent, on march to Pensacola, that if he found the informa- 
tion true, on reaching that place, he would demand a sur- 
I'cnder of it; and the deponent believes that the determina- 
tion of the General to occupy Pensacola and Barancas was 
made on receiving the pi'otest of the Governor, and learning 
that his provisions were stopped by him at the former place. 
That, at the time the army attacked Mickasuky, there were not 
more than five hundred Indian warriors embodied, nor does 
the deponent believe there were, at any time during the war, 
more tlian five or six hundred embodied at any one place; 
that, fi'om the natui-e of the subject, the statement must be 
conjectural; that the enemy's wariiors were, in general, well 
armed; that deponent was told there were about thirteen hun- 
dred souls at Suw any, of which 250 or 300 were fighting men; 
that our army had one man killed and four wounded, in ac- 
tions with the Indians during the campaign, and two killed 
at the Barancas. 

Deponent further says, that general Jackson received from 
a private source a plan of the fortress of St. Augustine; and, 
as the deponent believes, it was sent to the general at St. 
Marks or Fort Gadsden, after his return from Suwany. That 
general Jackson had under his command in Florida, from re- 
collection, about 1800 regulars, volunteers, and militia, and 
about 1500 Indians, under M'Intosh; and that the Indians 
were received and mustered into the service of the United 
States, under the ordei's of brevet major general Gaines, and 
mustered out of serA ice, under the oi'ders of major general 
.lackson, by a regular ofliccr. 

This deponent deems it due to himself to state, that the de- 
position published with the report of the committee of the Se- 
nate, undei- his name, was not wi-itten by him; but was taken 
down by Mr. Burrill, of that committee, and a promise given 
to the deponent, that, when it was thrown into form, it would 
be submitted for correction and signature, whicli was not 
done, although the committee were twice informed by one of 
its members, at the request of this deponent, that parts there^ 
of were not correct; hence the deponent was not able to give 



128 



the necessary fon-ection wliich he avoiiM Iia^c done, fi-oni au 
examination of papers and necessary reilcction. 

*R(J15ERT BUTLER. 



[No. 27.] 
Extracts of two letters from the Governor of Tennessee, ta 

Major Geyieral Andrew Jackson^ dated JIurfrecsbi)r{/ughf 

April 6th, 1819. 

'* Your favor of the Sd inst. is now before me; and witU 
pleasure I make the foHowing I'cply: 

" Your letter, dated Nashville, 11th January, 1818, reached 
Bie at Knoxville, seat of government." 

" Your letters of the lltli and 19th of January, 1818, both 
i'eached me by due course of mail; the former advising of your 
having received instructions from the President of the United 
States to call on the Governors of the neigliboring states for 
such militia force as you might deem necessary, to co-operate 
with the regulai" troops of the Southern Division, against the 
Seminole Indians; but, that you had made an appeal to the 
officers who had served with you in the Creek cauipaign, by 
which you expected that tlie necessity of calling on tlie state 
of Tennessee for 1000 drafted men would be superceded; 
which expectation must have been realized, by the a(l\ ice con- 
tained in your letter of the lyth, above referred to; in which 
you state, that the officers have given you assurances that 
they would furnish two regiiiients at the earliest notice. Your 
mode of raising those troops met my entire aj)|)robation, and 
I gave it my support, in aiding Captain Dunlap in raising a 
company of mounted volunteeis at Soutli West Point, whicli, 1 
have since learned, joined your army at Fort Gadsden." 



[No. 28.] 

Nashvillk, ^Ist Jipr'tl, 1819. 
SiR: In a conversation with Mr. Forsyth, on the subject 
of the report of the committee of the Senate, I stated, that the 
committee had mis-stated several facts in i-elation to the oc- 
currences of the Seminole war. " First, that the GoAcrnor of 
Tennessee was in Nashville when you received your instruc- 
tions to call for a poi-tion of the militia of tlie state, and t!iat 
you neglected to make any requisition u])on him for t!ie num- 
ber for which you were authorised to call — informing him tiiat 
he was not then in NashAille, and that you had wiitten him 
immediately on receiving your instructions. I further told 
him, that you were prepared to pro\e that you had not ap- 
pointed the officers to their respective commands, as alleged 
by the committee." To ^11 whicli, Mr. Forsyth rej)lied, that 



124 



it was mueli to be regretted, that, in an investigation so im- 
portant to the country and the character of an individual, evi- 
dence so closely connected with the matter in consideration 
had not been earlier before the committee. 
I am, sii', respectfully, your ob't serv't. 

RICHARD I. EASTER. 
Major General Andrew Jacksoiv. 



[No. 29.] 

I, Richard K. Call, Captain of the U. States' army, and 
Aid-de-Camp to Major General Jackson, do swear, that, some 
time during the last session of Congress, I was summoned to 
appear before a committee of the Senate of the United States, 
to give evidence in relation to the occurrences of the Seminole 
campaign; that, after giving the statement which appeared as 
one of the documents accompanying the report of the commit- 
tee, (which statement was taken in writing by one of its mem- 
bers,) I was told by Mr. Lacock, chairman of the committee, 
that my testimony could not then be copied, in order to re- 
ceive my signature, but that, by the next morning at 10 o'clock, 
it should be prepared; at which time I should ha^ e an oppor- 
tunity of comparing it with the original, and of correcting any 
mistake which might arise in its being transcribed. I accord- 
ingly repaired, oh the day appointed, to the Senate chamber, 
and was informed by Mr. Lacock, chairman, that the com- 
mittee would not meet that day, and that my testimony was not 
yet copied. I again mentioned to him, that from the number 
of mutilations and erasures which had been made in wording 
my evidence, if it was copied, I should expect the right of see- 
ing it before it should be given to the public. He replied, that 
he did not know that the committee would make any use 
whatever of my deposition; but if they should ultimately de- 
termine to introduce it as a document on which a report would 
be framed, it should be previously copied, submitted to my in- 
spection, and receive my signature; none of which promises 
were complied with. After my interview with Mr. Lacock, I 
remained in Washington five or six days, to the best of my 
recollection, during which time I heard nothing from Mr. La- 
cock or my deposition; neither did I learn that my statement had 
been applied to any purpose, until my return from Philadelphia 
to Baltimore; at which place I saw it attached to the report of 
the committee. 

My deposition, however, though published without my hav- 
ing an opportunity of coriecting ei'i'ors which might arise in 
transcribing it, and in direct violation of Mr. Lacock's pro- 
mise, is, according to my recollection, correct, with a trivial 
exception. It is, however, not without error; and this error 



125 



will be found in the omission of the expression, I believe. Wheu 
interrogated by the committee, in relation to tlie purpose for 
which Lieut. Sands had been ordeied to Mobile, my answer 
was, / helierve he was ordered thei-e foi* artillery, and not j)osi- 
tive to the fact. 1 moreover observed to the committee, that 
I did not at that time belong to the personal staff of Gen. Jack- 
son; my duties were remote from his person, and, therefore, I 
was little acquainted with the views and opinions of the com- 
manding General. 

[Signed] R. K. CALL. 

Sworn to, this 30th day of July, 1819, before 

W. Taktnehill, 
Justice of the Peace, Davidson county, T. 
True copy — R. I. Eastbr, Aid-dc-Camp. 



[No. 30.] 

Nashville, 29th JiUy, 1819. 
I, James C. Broivaugh, of the United States' army, and 
attached to the staff of Major General Andrew Jackson, do 
swear, that, during the last winter, wliilst at the City of Wash- 
ington, 1 was summoned to appear before the committee of the 
Senate, in pursuance of their resolution of the 18th December 
last, " Tiiat the message of the President and documents re- 
lative to the Seminole war be referred to a select committee, 
who shall have authority, if necessary, to send for persons and 
papers: That said committee enquire relativ e to the ad\ ancc 
of the United States' troops into West Floi'ida; whether the 
officers in command at Pensacola and St. Marks were amena- 
ble to, and under the control of, Spain; and particularly v\ hat 
circumstance existed to authorise or justify the commanding 
General in taking possession of those posts:" That, when I 
appeared before said committee, I was questioned u])on the 
subjects contained in my deposition, which is piiblislied in the 
documents accompanying tlieir report of the 24 th of February, 
1819; that the substance of my answers was taken down by 
Major John H. Eaton, a member of the committee, and that 
it was expressly declared to me, by Mr. John Forsyth, ano- 
ther member, "that, if my testimo)iy was used by t!ie commit- 
tee, I should have timely information, foi-the purpose of afford- 
ing me an opportunity of correcting it;" that this ])romise 
made me by Mr. Forsyth was viohited, aiul tliat I never saw 
the deposition afterwards, until it was published in the docu- 
ments accom])anyingtlie report. 

[Signed] J. C. BRONAUGH, U. S. Army. 

Sworn to and subscribed, before me, tliis 24 th day of July, 1819. 

[Signed] R. C. Foster, J. P 

True copy — R. I. Easter, Aid-de-Camp. 



126 

[No. 31.] 
Extract of a letter from William H. Crawford^ Secretary nf 
War, to Major-Gencral Andrew JacksoUf dated QTtli Septem- 
ber, 1816. 

** The destruction of the negro Fort, at the junction of the 
Appalachicola and Flint rivers, may have removed the neces- 
sity of keeping up so large a force in that quarter. It must, 
however, be admitted, that every means of exciting those In- 
dians to hostility will be resorted to in the event of a Spanish 
war. But even in that event, it is questionable whether we 
should keep so large a portion of our active force pent up in a 
fort acting on tlie defensive, when, in fact, there is nothing 
worth defending. The militia of Georgia would be competent 
to tlie chastisement of the hostile Indians in that quarter. If 
the danger becomes more threatening, all the posts in the inte- 
rior of the Indian country may be occupied by the militia of 
that state and Tennessee, so as to admit of the assemblage of 
the whole regular force at the point immediately menaced. 
Your knowledge of the situation of the posts within your 
command will enable you to adopt the necessary measures to 
secure the object presented in tiiis communication. 

In withdrawing forces from posts now occupied, you will 
keep in view the preservation of the military stores which may 
have been deposited in them, which can only be done by trans- 
porting them with the troops, or by leaving a sufficient num- 
ber of them for their protection, until the post can be manned 
by the militia, or troops brought from the Northern Division.** 
True copy from the original — R. 1 Easter, Aid-de-camp. 

[No. 32.] 
War Department, 2d October, 1816. 

Sir: Your communication of the ult. with its inclo- 

sui*es, have been received and submitted to the President, as 
well as my letter of the 27th ult. to you. Since the date of 
that letter, information has been received directly from Spain» 
which gives additional force to the impressions entertained iiK 
relation to colonel Jessup's communications. The improba- 
bility of the information given by that officer will not, in the 
opinion of tfie President, justify any arrangement which is cal- 
culated to produce public excitement. 

A judicious disposition of the force under your command, 
with a view to meet an event of that nature, is all that is con- 
sidered necessary at the ])resent moment, except the transport- 
ation of arms and munitions of war, to the menaced point of 
attack, which such measure readers indispensable. These 



127 



dispositions you will carry into execution ac^reeably to the in- 
structions contained in my lettei- of the 2rth ult. \\ itli such 
modifications as the actual state of the posts, and a due regard 
to the public interest may require. 

I have the honor to be your most obedient and very humble 
servant, 

[Signed] WILLIAM H. CRAWFORD. 

Andrew Jackson, Maj. Qen. coni'dg Southern Division. 
Certijied — R. I. Easter, Aid-de-camp. 

[No. 35.] 
Department of War, December SOth, 1817. 
Sir: Colonel Gideon Morgan, late of Tennessee, having 
offered to raise a small force, composed of Cherokee Indians, 
it is the wish of tbe President that you accejrt the force which 
he may raise and bring into the field, provided you think such 
a force may be tsefuUy employed during the contest with the 
Seminole Indians. 

Colonel Morgan is referred to you for orders and instruc- 
tions. 

I have the honor to be your most obedient servant, 
[Signed] J. C. CALHOUN. 

Maj. Gen. A. Jackson, JVas/iriWe, Ten. 
Certified — R. 1. Easter, Aid-de-camp. 

[No. 34.] 
I, Isaac M*Keever, a lieutenant in the navy of the United 
States, on oath declare, that the following narration contains 
a true statement of facts, to the best of my knowledge. I 
commanded the naval force wliich conveyed the store-ships, 
transports, &c. from New-Orleans to Fort Gadsden, and from 
thence to the Bay of St. Marks, during the Seminole war. J 
arrived in the said Bay on the 1st April, 1818, witli British 
colors flying at my mast head; the next day I was visited by 
a Spanish lieutenant, the second in command at Fort St. 
Marks. The lieutenant was in(iuisitive as to the character 
of my vessels, and the nature of my visit, and wished to know 
whether I had any authority from the captain general of Cu- 
ba for entering the tenitories of his Catholic Majesty. In 
reply, I asked him if he had seen my colors on entering the 
Bay of St. Marks, and intimated to him that the nature of 
my visit could not be satisfactorily explained until the arrival 
of captain Woodbine; at the same time intimated that it wa.s 
of an illicit character, and that succor, aid, &c. to Hillis Ha- 
jo and his warriors, in thoir present distress, was inte))«le4l. 



128 



At the mention of this he expressed much satisfaction; stated 
that captain Woodbine and the Spanish commandant of St. 
Marks were good friends, and voluntai'ily gave me every 
information as to the movements of general Jackson's force, 
and his strength; the situation of the hostile Indians he de- 
tailed at length, and stated what rejoicings the reception of 
the long promised and expected succor would occasion. He 
stated that Hillis Hajo and the Spanish commandant were on 
intimate terms; that the foimer was then in the vicinity, and 
had lately been in the Fort of St. Marks, when he had urged, 
with menaces, the commandant to send on board to ascertain, 
to demonsti'ation, the character of sti'angers; and having sa- 
tisfied himself, he would see Hillis Hajo that evening; after 
Avhich we might expect a visit from the latter, who according- 
ly came on board the following morning. He likewise in- 
formed, that Arbuthnot, a friend to the hostile Indians, and 
acquaintance of captain Woodbine, was in Fort St. Marks. 
On my expressing to him some apprehension of being block- 
aded by an American squadron, reported to be on the coast, 
or of my retreat being cut off by Jackson, he replied that the 
latter was impossible; that Jackson had but few pieces of 
artillery, and the impracticability of the swamps would pre- 
vent his assuming any position below me; but tliat I need ap- 
prehend no danger from any quarter; that, as allies, by an- 
choring under the guns of the fort, protection could be afford- 
ed me. 

About this time we were informed by the Spanish officers 
and Indians, who came on board, tliat, on our arrival within 
the Bay, the Indian camp demonstrated much joy at the ap- 
proach of theii* expected supplies of munitions. &c. 

[Signed] I. M'KEEVER. 

Sworn to this 5th June, 1819. 

[Signed] Dm. A. HALL, Judge U. S. Louis, dis. 

True copy. — R. I. Easter, Aid-de-camp. 

[No. 55.] 
Navy Depaktment, Q7th March^ 1818. 

Sir: In the present state of hostilities between the Indians 
and the United States, your aid and co-operation may be i-e- 
quired by the general commanding the United States' army in 
the South. You will, therefore, afford all the aid and support 
in your power, and keep up a correspondence for this puipose. 

Dispatch immediately two gun boats a?id two of the small 
vessels to Mobile and to the Appalacbicola, to pi-otect ihe 
convoys of supplies; a7id to remove any obstruction to a free 



129 



communication between the forts and forces of the United 
States. It will be your duty also to a(lo|)t such further mea- 
sures as tlie circumstances of the case, or the developcinent of 
events, may render necessary. 

[Signed] B. W. CROWNINSHIELD. 

P. S. Commodore J. D. Henley is also ordered to send one 
of the small vessels of his squadron to the Appalachicoljv; 
wliich vessel will be subject to your order. 
Commodore D. T. Patterson, 

Commanding Alaval Station JS^eiv-Orleans. 
True copy. — R. I. Easter, Aid-de-camp. 



[No. 3 6. J 
ACT of the Legislatiu-e of Tennessee, 1815, chap. CXVIII. 

sect. 112. 
Be it enacted, That, when it may be conceived that the 
public good eminently requires it, the governor is hei'cby au- 
thorized to call out such parts of the cavalry of this state as ho 
may think proper^ and, when so called out, they shall be con- 
sidered ruled and regulated as mounted gun men for the time 
he may so order them. 

[No. 37.] 
Head ^narters, J^^ashville, I9th January, 1818. 
Sir : I am instructed by the commanding general to direct 
that you march your volunteei* regiment of mounted gun men 
to Fayetteville, to be there on the 31st inst. completely armed 
and equipped, and prepared to march for Fort Scott, in Geor- 
gia, for a six months' tour. Your troops will furnish them- 
selves, until they reach Fayetteville, with their own provisions 
and forage; the former of which will be reimbursed them by 
the contractor, and the latter by the quarter-master. 
I have-the honor, &c. kc. 

J. M. GLASSELL, Aid-de-camp. 
To Cols. Dyer and Williamson. 

True copy — J. C. Bronaugh, U. S. Army. 

[No. 38.] 

Washington, March 3, 1819. 
On an examination before the special conmiittee of tl»e Se- 
nate, on the subject of the Seminole war, I was told by tli© 
Hon. Mr. Burrill, one of the committee, that what he (Mr. 
Burrill) then took down of my testimony was a memorandum; 
and, if used, that my deposition should be written out, and sub- 
mitted to me for correction. The deposition was not submit- 
17 



ISO 



ted, but was sent at once to the printer, wlio, believing that 
several words were omitted, sent it to me for revisal. I tlien 
waited on two of the committee, Mr. Lacock and Mr. Burrill, 
and obtained leave to strike out a part; but they would not 
permit me to make any additions. The parts struck out were 
not material. What I wislied to add, was the substance of an 
order, the following extract from which I beg leave to make 
a part of this deposition: 

Ejctrad of an order to Col. Gibson^ dated Camp, twenty-six 
miles east of St. Marks, 24th April, 1818. 

" General M'Intosh and his ^\ arriors will be at Fort Scott, 
and will probably take much of the supplies ordei-ed up; and, 
as the Tennessee volunteers will pass from Gadsden to that 
])oint, he wishes you to despatch a boat with a further supply; 
and should the corn have arrived from New-Orleans last or- 
dered, you will forward a considerable quantity also to enable 
the volunteers' horses to reacli Fort Hawkins. 

ROBERT BUTLER, Adjt. Gen." 

The order from which this extract is made, together with 
the order from whicli the following is extracted, were submit- 
ted through Mr. Eaton to the committee: I beg leave also to 
make the second extract a part of this deposition, to wit: 

Extract of another letter to Col. Gibson, dated before St. Marks, 
April 9, 1818. 
" This is carried by one of those deluded wi'etches who 
have asked for peace, and it is granted them: 17 men, 18 
women, and 30 children have surrendered; and they ask per- 
mission to pass by water to Fort Gadsden: this is granted 
tliem, and they will remain here until the runner returns, by 
whom you will write to the commanding officer of St. Marks, 
Capt. Vashon, under what badge you will know them. 

AND. JACKSON " 
[Signed] GEO. GIBSON. 

District of Columbia, Washington county, to wit : 
Ontliis 3d day of March, 1819, George Gibson personally 
appeared before tlie subscriber, a justice of the peace, in and 
for tlie county aforesaid, made oath, in due form of la\V, that 
the matters and things as set forth in the annexed statement 
are true as stated. Sworn before 

JOSEPH FORREST. 

[No. 39.] 
Deposition of Charles Baroit. 
Charles Baron, a resident of Pensacola, being sworn, 
states: that about the latter end of April, or bee-i'^nne* «*" 



131 



May, 1818, a party of Indians, amountini^ to near 100, Mere 
in Pensacola with a quantity of pliiiidor, wliicli it was ^rne- 
rally believed was taken at the time Stoke's ianiily was mur- 
dered on the Escambia. The Indians sold this phuuhr 
openly to the inhabitants of Pensacola, and the de]K)neut could 
not learn that the Spanish authorities at Pensacola made en- 
quiries respectin!^ it. The deponent furthei* states, that, at 
several times in the present year, 1818, lie saw parties of In- 
dians furnished with pi-ovisions and anuniniition from the 
king's store, but he does not recollect the dates of these tran- 
sactions. The deponent further states, til at he has frequently 
heard Spanish othcers at Pensacola justify the conduct of the 
Indians towards the United States, manifesting- in their con- 
versation a decided hostility towards the Americans. 

CARLOS BARON. 
Sworn before me at Pensacola, Sept. 13, 1818. 

H. YOUNG, Captain Top. Engineers. 

[No. 40.] 
Department of War, 5fh February ^ 1819. 
Sir: The enclosed is a copy of a letter from the chairman 
of the committee of the Senate, on the subject of the Seminole 
war. 

Governor Bibb's letter to you of the 19th of May last is 
all tlie information now in the possession of this Department, 
relative to the encpiiry of the committee. 

I will thank you to communicate, as early as practicable, 
whatever information you possess on all llie points ofen(|uiry 
contained in the letter of the chairman, and lujt comprehended 
in the letter I'efcri'ed to. 

I have, kc. cScc. 
[Signed] J. C. CALHOUN. 

Maj. Gen. Andrew Jacksox, 

Colli* d. Southern Division, IVushiugtou Cihj. 
Certified copy — R. K. Call, Aid-dc-camp. 

AVashixgtox City, February 5, 1819. 
Sir: I have the honin* to acknoAvledge the receipt of your 
letter of the present date, enclosing a communication fi-oin 
the chairman of the committ(>e of the Senate, rerpiesting of 
you a co])y of the letter addressed by major >Yhite Youngs to 
GoAernorMazot, on the arth April, 1818. Not having re- 
ceived a report from major Youngs, relative to the coi-irspon- 
dence with governor Mazot, or liis attack on the hostile Indians 



132 



in tlie vicinity of Pensacola, the only information I possess on 
the suhject is contained in the letter of govei'nor Bibb, dated 
on the 1 9th of May, 1818; to which I beg leave to refer yon. 

On my return from Siiw anee to St. Marks, I was informed 
(through the medium of Mr. Hambly) by the captain of a ves- 
sel direct from Pensacola, that a number of hostile Indians had 
assembled at that place. On interrogating the captain, he re- 
luctantly stated, that, at the time of his sailing, there were in 
Pensacola 450 or 500 Indians; that they had been fed and fur- 
nished with munitions of war, and were committing depreda- 
tions on the persons and propei'ty of the citizens on the fron- 
tier of Alabama, and also on the subjects of Spain. After re- 
ceivijig this infoi'mat'on, I informed you in my letter, dated at 
St. Marks, onthe26tli of April, that I should leave that place 
for Fort Gadsden in two or three days, and, after making all 
necessary arrangements for the security of tlie position occu- 
pied, and detaching a force to scour the country west of the 
Appalachicola, I should proceed direct to Nashville. I then 
ordered captain Sands to Mobile, to pi-epare and hold in 
readiness a train of artillery, should circumstances, arising out 
of facts disclosed, render its use in the field necessary. On this 
occasion, as on all others, I thought it my duty to be prepared 
fully to execute my orders, in putting an end to the conflict. 

On my arrival at Fort Gadsden, [2d May, 1818] my quar- 
termaster general, colonel George Gibson, (who was chaiged 
w ith the defence of that post,) handed me several letters, brought 
from Fort Montgomery by Maj. Hogan, from respectable citi- 
zens, confirming the report made by tlie captain of the schooner 
while at St. Marks; and detailing tlie murder of eighteen of 
our citizens on the Sepulgurs, and the desti-uction of a family 
near Fort Claiborne. Major Hogan also confirmed this in- 
formation; and added, that the citizens of Montgomery were 
fortifying themselves. Similar information was received from 
two gentlemen, w ho arrived in a vessel laden with sutlers' stores 
for the troops at Fort Gadsden, but whose names are not now 
recollected; and by the captains of the sloop Hector and barge 
Peacock, direct from Mobile. In addition to the foregomg, I 
was shown a letter (confidentially wi'itten) from a person of 
high respectability in Pensacola, detailing the facts as stated 
by the captain of the schooner at St. Marks. 

This information, corroborated by so many persons, deter- 
mined me to go in person to Pensacola; and I ordered Col. Gib- 
son forthwith to Mobile, with instructions to give every facili- 
ty to captain Sands, in having the artillery secretly moved to 
Fort Moi^t-^oinery, there to await my orders; and immediately 
organize a force sufficient for the execution of my orders, under 
date of 26th December, 1817. 



133 

After crossin,^ the Choctawachy, I despatched an Indiau 
guide with a soldier express to Foi't Crawford, with orders to 
colonel Gihson and captain Sands, at Fort Montgomery, to 
move on the ai'tillery and form a junction with me, after I cros- 
sed the Escambia river; which order was promj)tly executed. 
On my reaching the Escambia, I w as met by captain Boyle's ex- 
press from Governor Bibb, with the letter of the 19th of May, 
above mentioned; and, on reaching the west bank, received in- 
formation that Holmes and his warriors wei-e theji in Pensacola, 
forwhicii place 1 immediately marched. For my proceedings 
thereaftei', I refer you to my detailed report. 

Should you wish information on any other points growing 
out of my militaiy operations during that campaign, it will af- 
ford me much pleasure to give it to you. 

I am sir, respectfully, your obedient servant, 

[Signed] ANDREW JACKSON, 

MaJ. Gen. Com'g S. D. 
Hon. J. C. Calhoun, 



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